City Not Liable In Case Where Woman Claimed To Have Stepped In Hole/Premises Liability

Attorney Trey Byars obtained summary judgment in favor of a municipality in a public entity liability case in the Circuit Court of Monroe County, MS. The case involved a plaintiff who alleged that she was attempting to retrieve her mail from her mailbox when she stepped into an uncovered water meter hole that constituted a dangerous condition. Daniel Coker successfully obtained summary judgment for the municipality by proving that it had no actual or constructive knowledge of the uncovered water meter before plaintiff’s fall, it did not cause the water meter to be uncovered, it did not conceal the uncovered water meter from the plaintiff, and the uncovered water meter, if it existed, was an open and obvious condition.