Attorneys Troy Poetz and Steven Bader Receive Summary Judgment in Personal Injury Case

Attorneys Troy Poetz and Steven Bader recently won summary judgment in a personal injury case. The plaintiff alleged bodily injury after she tripped on an alleged hazard on a public sidewalk adjacent to our clients' property. Troy and Steve moved for summary judgment because a landowner or tenant does not owe the public a duty of care to remove potential hazards on an adjacent public sidewalk, unless the landowner or tenant created the hazard. The plaintiff argued our clients could be liable for the alleged hazard because it presented an extraordinary use of the sidewalk. The undisputed evidence showed our clients did not create the alleged hazard, and as a result, did not engage in any use of the sidewalk for purposes of the motion. The District Court entered summary judgment in favor of our clients.