Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Garrett v. Hanes

The plaintiff could not recover for injuries she received when she tripped on a step while attending a wedding at defendant's home, since the overhanging lip of the step was open and obvious.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Audrey Jewel Garrett sued Joseph Hanes to recover for injuries she allegedly sustained when she tripped and fell at his house. The trial court granted Hanes’ motion for summary judgment, and this appeal followed. Finding no error, we affirm. Summary judgment is appropriate when there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law.1 A defendant may show entitlement to summary judgment by showing that the evidence of record reveals an absence of evidence on at least one essential element of the plaintiff’s case.2 On appeal, we review a trial court’s grant of summary judgment de novo, construing the evidence and all inferences in a light most favorable to the nonmovant.3

Viewed in this manner, the evidence shows that on January 26, 2003, Garrett was a wedding guest at Hanes’ home. The house, which had been built in 1953, had concrete steps leading to the front door. The front porch extended slightly over the top step, creating an “overhang.” As she approached the front door to enter the premises, Garrett tripped on the overhang and fell. Garrett testified that the steps were clean and dry and that there was nothing other than the overhang that caused her to fall.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Go to Events Go to Webcasts
Litigation Associate

Skolnick Legal Group, P.C., a construction and commercial litigation firm with offices in New Jersey and New York is seeking a Litigation As...


Apply Now ›
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements