June 25, 2018
In a lawsuit filed in the Law Division against the Village of La Grange, Plaintiff, Venita Harper, sued for serious injuries sustained due to a defective curb upon which she stepped to access her parked vehicle. The Village filed its motion for summary judgment arguing “no duty” for a de minimus condition of public property and that the condition was objectively open and obvious to a person using ordinary care. The Village further argued that a curb was not “intended” for pedestrian use and lack of actual and constructive notice of this inconspicuous condition. The Court initially denied the motion, however, it later agreed to reconsider certain arguments, in particular, that the condition was so insignificant that no duty could be imposed. Judge Thomas Murphy granted the Village’s Motion to Reconsider on this issue thereby terminating the case. We would welcome, but do not expect an appeal to be taken.
We are grateful to Judge Murphy’s careful consideration of our arguments and always enjoy providing good news to the Village of La Grange!