May 2020, Franklin County, KY

House v. Restocon Corporation. Melissa Richardson successfully obtained summary judgment for their client, a general contractor, in a slip and fall matter occurring in an allegedly dark parking garage. Plaintiff was walking through a garage she had visited more than 50 times in the two years before she fell. At least 9 lights in the area were not functioning at the time. Plaintiff alleged the client, who was performing work in other areas of the garage, caused or contributed to the lack of lighting which in turn lead to her fall. At her deposition, Plaintiff confirmed the lights at issue had actually been out for a full year before the Defendant began working in the garage. Further, she admitted she could not affirmatively state that increased lighting would have allowed her to see the lip of the wheelchair ramp, which is what she believes she tripped on. Lastly, although the deposition of the Defendant’s corporate representative had yet to take place, the Court found that thorough and substantial written discovery, along with more than a year of litigation, provided Plaintiff with the requisite opportunity to conduct all necessary discovery to support her claims against a well-timed summary judgment motion. Plaintiff failed to establish any causal connection between the client’s work and her accident. Therefore, all claims made by Plaintiff against the Defendant were dismissed as the summary judgment motion was granted.