Court Summarily Dismisses “Scrapper”

Court Summarily Dismisses “Scrapper”

Pierce County Superior Court Judge Shelly K. Speir recently granted Dave Cottnair’s motion for summary judgment dismissal in a premises liability action. MHL’s client purchased a piece of property with an existing house with plans to redevelop the property with three new homes. To recycle, reuse, and repurpose as much as possible, the client allowed the plaintiff, a “scrapper” to remove items from the home and surrounding land prior to demolishing the existing home. The plaintiff stepped in to an “unseeable” hole, injuring his ankle. The Court agreed that plaintiff failed to present admissible evidence establishing defendant had actual or constructive notice of the allegedly dangerous condition.