Member Michael D. Dunham Wins Appeal on “Open and Obvious” Doctrine

Michael D. Dunham

mdunham@shumanlaw.com

Shuman McCuskey Slicer PLLC member Michael D. Dunham obtained a favorable ruling from the Supreme Court of Appeals of West Virginia affirming summary judgment based on the “open and obvious” doctrine because the alleged defect was equally obvious to the Plaintiff, and therefore, there was no legal duty owed.

The Supreme Court of Appeals also held that, despite expert testimony that the portion of the sidewalk where the plaintiff fell violated certain sections of the International Building Code, the plaintiff’s testimony that this did not contribute to her fall sufficiently contradicted the expert’s opinion and therefore did not create a genuine issue of material fact. For the full opinion, please click the link.