Summary Judgment 002-premises-state court

Summary Judgment 002: premises case in state court:

Defendant mobile home park owed duty of care to repair defective meter cover in non-negligent manner.

Defendant running over and not properly repairing water meter cover was proximate cause of plaintiff’s injuries.

Plaintiff’s claim not precluded by open and obvious doctrine.

Plaintiff’s “knowledge” of damage to water meter does not equate as matter of law to full appreciation of risk.

Plaintiff’s subjective knowledge of damaged cover goes to her possible contributory negligence and does not transform defects in the meter box into an open and obvious defect as a matter of law.

Summary judgment precluded here by doctrine of momentary forgetfulness.