Summary Judgment 001: in a premises case in state court:
Evidentiary materials demonstrate an unresolved question of material fact as to existence of a duty owed to plaintiff by defendant to protect plaintiff from danger posed by hidden risk on its premises.
Plaintiff need not prove his case in defense of motion for summary judgement; burden on defendant to show absence of matters of triable fact.
Water may present a deceptively innocent appearance masking an unseen danger for which defendant owed plaintiff a duty of care.
Plaintiff need not state the precise basis for defendants’ liability in deposition.
Plaintiff’s awareness of the water puddle does not preclude his recovery.
Notice only required where third party, not defendant, responsible for unsafe condition which causes plaintiff’s injury; no notice requirement where defendant creates injury causing condition.
Defendant’s authorities do not dictate contrary result.