Lily Smith recently won summary judgment in the District of Columbia Superior Court.  The action arose from a slip and fall outside of a commercial building in DC.  It was pouring rain on the day of the fall, causing an above-ground pipe to gush water onto a covered tile walkway immediately adjacent to the building.  Despite seeing the water and knowing the walkway was soaked, Plaintiff chose to walk through the puddle.  Plaintiff testified that she took this route every day and had walked through the accumulated water dozens of times previously.  Plaintiff sustained a shoulder injury in connection with her fall and claimed almost $150,000 in past and future special damages.

Lily represented the tenant in the adjacent building and the general contractor who had performed work on the adjacent building.  In seeking summary judgment, she argued that Plaintiff was barred from recovering as a matter of law based on both contributory negligence and assumption of the risk.  Agreeing with Lily, the Court granted her Motion and entered summary judgment in favor of the Defendants.

Questions about this case can be directed to Lily Smith at 571.470.1906 or lsmith@tthlaw.com.