DSB was successful in moving for summary judgment on behalf of a residential tenant in a personal injury action. Plaintiff, a visitor to the property, allegedly fell on the front walkway, which she asserted was covered with leaves and/or acorns. DSB moved for summary judgment because the evidence presented by Plaintiff did not definitively establish the cause of her fall. The Court agreed. Further, the Court noted that even if the plaintiff’s testimony did establish leaves and/or acorns as the cause of the fall, such materials were both open and obvious conditions that were not inherently dangerous.
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