Christine E. Tavares and Amber Hazelquist obtained an Order granting Defendant’s Motion for Summary Judgment in a premises liability action on behalf of their theater client. The Plaintiff alleged that the theater was responsible for injuries when she allegedly fell on a slippery substance on the floor of the lobby of the theater in front of the concession stand. Plaintiff alleged that the theater was negligent and breached its duty of care by failing to maintain the premises in a safe condition, and that Defendant either created the dangerous condition, knew of the dangerous condition and failed to correct it, or that the condition existed for such a length of time that the defendant should have discovered and corrected it prior to plaintiff’s fall. Defendant submitted evidence that a cleaning company cleaned the entire theater and lobby each evening after closing, and that the restrooms and lobby were inspected every thirty minutes during opening hours. The theater manager inspected the lobby immediately after the fall, and only saw a small drop of water on the floor. Defendant maintained that Plaintiff failed to establish the existence of an unreasonably dangerous condition, or evidence to determine how long the condition existed to prove constructive notice to the theater. Snohomish County Superior Court Judge Jennifer R. Langbehn granted Defendant’s Motion for Summary Judgment and agreed that the theater had no actual or constructive notice of any dangerous condition. Judge Langbehn also denied the Plaintiff’s request for a continuance to conduct additional discovery prior to ruling on Defendant’s Summary Judgment Motion.
November 14th, 2018|News|