Mesneak v. Lowe's Home Center, LLC

Filing 23

ORDER denying 14 Motion for Summary Judgment signed by Judge Ronald B. Leighton.(DK)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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EVELYN MESNEAK,

CASE NO. C17-5958 RBL

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Plaintiff,
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ORDER

v.
LOWE’S HOME CENTER, LLC,

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Defendant.

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THIS MATTER is before the Court on Defendant Lowe’s Motion for Summary

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Judgment Dkt. [14]. The Court has reviewed the materials for and again the motion, and for the

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reasons below the motion is DENIED.

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Plaintiff Mesneak stepped down off a crumbled and eroded curb on Lowe’s property.

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Suddenly, she lost her footing, fell, and injured herself. The curb had obviously been deteriorated

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for some time. The uneven contour of the curb could have caused Mesneak’s fall. She does not

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remember whether her left foot contacted the crumbled edge of the curb, causing the fall.

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Nevertheless, the open and obvious nature of a damaged curb raises a question of fact to be

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resolved by a jury. Millson v. Lyden, 174 Wn. App. 303 311 (2013). The Motion is DENIED.

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IT IS SO ORDERED.

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ORDER - 1

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Dated this 27th day of December, 2018.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2