Trial lawyers specializing in personal injury and civil litigation
Another case dismissed because hazard was "open and obvious"
Julian Romanowski sued Classy Chassis, Inc., after he fell in a depression near a sewer drain in the parking lot. He argued that "an average user with ordinary intelligence [would not] have beeen able to discover the danger and the risk presented [by the depression in the pavement] upon casual inspection." The Court unanimously disagreed and concluded that the landower owed no duty to correct the condition, because it was "open and obvious." It concluded that Romanowski could have seen it, should have seen it and did not see it only because he was occupied with drying his car when he fell. Bottom line: the car wash can provide you with a place to dry your car, but it need not be a SAFE place to dry your car.