“In short, a reasonable person in Bryant’s position might have overlooked it. Courts have routinely denied summary judgment and found a genuine issue of fact as to whether a condition was open and obvious where the plaintiff failed to notice a condition prior to slipping or tripping under facts like this case,” said U.S. District Judge Lindsay C. Jenkins.
Jury Should Decide Rail Co.’s Interpretation of Injured Worker’s Medical Report, Fed. Circuit Says, Reviving Discrimination Claim
The company argued that it did not view the plaintiff’s