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Summary Judgment Granted in Slip and Fall Action

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August 2017

Summary judgment was granted in favor of defendant School District.  Plaintiff slipped on morning dew which had accumulated on the stairs of the high school baseball stadium press box, and fell through the stairwell railing to the concrete 12 feet below.  As a result of the fall, he sustained significant injuries claiming in the lawsuit a shoulder surgery, and a triple level neck fusion.  His medical specials totaled more than $93,000, with a claim for future medicals of $200,000.  He also asserted a $150,000 wage loss claim over a two and a half year period of time he claimed he could not work because of the fall.  Plaintiff claimed the presence of morning dew on the stairs and the absence of fencing on the railing where he fell constituted a dangerous condition.  The Court held that both the dew and the railing were open and obvious to Plaintiff thereby barring his recovery from the School District under the Mississippi Tort Claims Act.