July 16, 2012
Sadé A. Turner obtained a significant dispositive ruling on behalf of Strong & Hanni’s client, Concept Maintenance in the case of Candelaria v. Concept Maintenance, et. al. The Third Judicial District Court granted Concept Maintenance’s motion for summary judgment, dismissing all claims against Concept Maintenance and their co-Defendants.
The Candelaria case involved an individual who sued under a premises liability cause of action for alleged significant permanent injuries which occurred as a result of a slip and fall on snow and ice. Concept Maintenance was hired by the building management company on behalf of the building owner to maintain the premises. Plaintiff was a business owner and tenant in the building.
The Court granted summary judgment in favor of Concept Maintenance and their co-Defendants, holding consistent with the Utah Supreme Court Case of Hale v. Beckstead, 116 P.3d 263 (Utah 2005) and the recent Utah Court of Appeals Case of Lyman v. Solomon, 258 P.3d 647 (Utah Ct. App. 2011) that the conditions were “open and obvious” to Plaintiff and neither Concept Maintenance nor any of the co-Defendants had reason to believe that the Plaintiff would not be able to negotiate the “open and obvious” conditions of the parking lot safely.