Brickman and Gwin Summary Judgment Granted

Mindy Brickman and Oscar M. “Mac” Gwin IV obtained a fully dispositive summary judgment in favor of a major metropolitan airport and its liability insurer by successfully briefing and arguing that the plaintiff’s trip and fall premises liability claims against the airport were barred by the “open and obvious” defense.  The plaintiff tripped on a pavement imperfection which was obvious and known to him.  Despite his opposing arguments that the condition was unreasonably dangerous irrespective of its visibility, the Court agreed with the application of the open and obvious defense as set forth in the Louisiana Supreme Court’s authoritative decision of Farrell v. Circle K Stores, Inc., 2022-00849 (La. 3/17/23); 359 So.3d 467.  All premises liability claims against the firm’s airport client were dismissed, with prejudice, as were the claims against the airport’s liability insurer.


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