Attorney Steven Bader wins Summary Judgment in Slip and Fall Lawsuit

Attorney Steven Bader won summary judgment in a premises liability case in Becker County, Minnesota. The plaintiff slipped and fell on ice on the defendants' driveway in January. The plaintiff visited the defendants' home unannounced to visit one of the defendants as he recovered from a recent heart attack. The defendant's family and friends plowed the driveway after his heart attack. Many people stopped by to visit, and none reported ice on the driveway. The plaintiff encountered a plowed driveway when he arrived, and he testified he would have seen the ice prior to his fall had he looked down before he stepped. Based on this record, the Court entered summary judgment in favor of the defendant because they did not have actual or constructive knowledge of any ice on their driveway, and the ice presented an open and obvious hazard which the defendants had no duty to guard against.

Wacker v. Knutson, Minnesota District Court File No. 03-CV-16-1111