Melick & Porter, LLP partner Carolyn Miller won summary judgment for a concert promoter in a negligence action brought by a concert-goer who claimed to have tripped over a temporary crowd control barrier leaving a concert, sustaining serious injuries as a result of the fall.
Plaintiff did not recall her foot coming into contact with anything but assumed that she tripped over the barrier because it was in the immediate area where she fell and was raised approximately 1-2 inches above the pavement.
While acknowledging that issues of causation are typically reserved for the jury, the Judge ruled that mere speculation as to causation was not sufficient to overcome summary judgment.
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