Burns White attorneys Mark Hartig, Kyleen Hinkle, and Albert Rodriguez secured final summary judgment on behalf of a long-term care facility in a premises-liability action arising from an alleged slip-and-fall injury. The plaintiff claimed she was injured after encountering an uneven condition along the edge of the facility’s driveway. The Court found, however, that the plaintiff had voluntarily chosen to walk along a vehicular roadway rather than use an available pedestrian walkway, and that the roadway was not designed, marked, or represented as a pedestrian route.
The Court further concluded that there was no competent evidence that the driveway was unreasonably dangerous for its intended use, that the facility violated any applicable safety, maintenance, building, accessibility, or engineering standard, or that the facility had actual or constructive notice of an actionable condition. Because the evidence could not support a finding that the facility breached its duty to maintain the premises or warn of a concealed danger, the Court entered final judgment in favor of the facility on all claims.