Fields Howell attorneys Richard Zelonka and Christy MacPherson recently obtained a victory on behalf of their restaurant client.

Fields Howell attorneys Richard Zelonka and Christy MacPherson recently obtained a victory on behalf of their restaurant client in a slip-and-fall lawsuit in the State Court of Carroll County. In granting Richard and Christy’s Motion for Summary Judgment, the Court adopted their argument that the Plaintiff could not prove that, despite exercising ordinary care for her own personal safety, she lacked knowledge of a stack of bathroom mats due to the restaurant’s actions. The Court also agreed that the Plaintiff could not create a question of fact simply by submitting an affidavit contrary to her prior deposition testimony, and that any such conflict must be construed against her. The Court held that Richard and Christy had established Plaintiff’s knowledge of the mats by evidence in the record, to a level of being plain and palpable, and that the jury’s intervention was not required.