Federal Court Grants Summary Judgment in Premises Liability Suit04/19/2021
On April 19, 2021, Chief Judge of the U.S. District Court for the Western District of Missouri Beth Phillips granted summary judgment in favor of a hotel and management company in a premises liability lawsuit alleging personal injury due to a dangerous condition on the property. Plaintiff Tara Jackson, a business invitee of the hotel, asserted she sustained serious physical and emotional injuries due to the hotel and management company’s failure to recognize a dangerous condition existing on the property and failure to use ordinary care in removing or warning of the danger. Franke Schultz & Mullen Partner Jill Frost Smith presented arguments for Defendants that Plaintiff failed to establish that a dangerous condition existed or causation of injury.
In granting the hotel and management company summary judgment, Chief Judge Phillips ruled Plaintiff failed to establish there was a natural or artificial condition on Defendants’ premises that caused her bodily harm. The Court ruled evidence of causation must be based on probative facts, not on mere speculation or conjecture. The Court held Plaintiff could not establish the prima facia elements of her case, entitling Defendants to summary judgment.