Manning & Kass Team Granted Summary Judgement for TargetNovember 12, 2021
Congratulations to Manning & Kass Partner Eugene J. Egan, and Associate Jeffrey Y. Tsao on winning a summary judgement on behalf of Target in a recent lawsuit.
The plaintiff brought suit against Target after tripping and falling in June of 2018 near the entrance. The plaintiff tripped when her foot caught a minor misalignment between the concrete walkway and a bright yellow metal slab designed to alert pedestrians that they were about to walk into the parking garage. The plaintiff claimed that the minor misalignment was a dangerous condition that Target was liable for, and further claimed that lighting conditions in the area made it difficult to see.
The Manning & Kass team brought a motion for summary judgment, arguing to the trial court that the minor misalignment constituted nothing more than a trivial defect which, as a matter of law, Target was not responsible for. After hearing all of the evidence, and following extensive oral arguments at the hearing where the plaintiff argued extensively about the lighting conditions and the situation surrounding the misalignment, the trial court judge agreed that the misalignment constituted nothing more than a trivial defect as a matter of law. On that basis, the judge awarded summary judgment in favor of Target, which concluded the litigation in Target’s favor.