Phil Collins wins North Carolina Court of Appeals Case
December 6, 2016
Phil Collins obtained a summary judgment dismissal of a premise liability lawsuit against his clent, a hardware store located in Raleigh, North Carolina. The plaintiff testified that he had tripped over crates of tomatoes located in a store aisle. The trial court held as a matter of law that the store was not liable as the crates were an open and obvious condition. The plaintiff appealed the dismissal and the Court of Appeals affirmed the trial court's ruling in Utley v. Smith, 2016 N. C. App. Lexis 1210 (N.C. Ct. App. Dec. 6, 2016).