Defendants' motion for summary judgment is denied.
Defendants have failed to meet their initial burden of proof of establishing that no duty was owed because the condition was open and obvious to a traveler on the road or that the debris near the road did not create an unsafe condition. Defendants have also failed to meet their initial burden of proof of establishing that the doctrine of assumption of the risk or recreational immunity apply. There is a triable issue of material fact as to whether Defendants had constructive notice of the dangerous condition and conducted a reasonable inspection of their property. Plaintiffs' additional facts 71-74, 79-80 and supporting evidence.
Hearing Date
August 08, 2019
Category
Civil - Unlimited
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Defendants' motion for summary judgment is denied.
Defendants have failed to meet their initial burden of proof of establishing that no duty was owed because the condition was open and obvious to a traveler on the road or that the debris near the road did not create an unsafe condition. Defendants have also failed to meet their initial burden of proof of establishing that the doctrine of assumption of the risk or recreational immunity apply. There is a triable issue of material fact as to whether Defendants had constructive notice of the dangerous condition and conducted a reasonable inspection of their property. Plaintiffs' additional facts 71-74, 79-80 and supporting evidence.