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plaintiffnegligencetrialcontributory negligencenovation
plaintiffnegligenceappealtrialwillcontributory negligencenovation

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Scott v. City of Lynchburg, 241 Va. 64, 399 S.E.2d 809

Facts

On May 2, 1987, Eleanor Marie Scott and her husband arrived at the Lynchburg City Market to sell honey. The market had recently undergone renovations and featured a raised concrete landing that dropped off to a lower floor. Scott, who had visited the market many times and was aware of the curb's existence, fell while unloading goods, resulting in a broken hip. Despite her familiarity with the area, she claimed to have forgotten about the curb on the day of the incident.

The facts are undisputed. On May 2, 1987, about 5:40 a.m., Scott and her husband arrived at the Lynchburg City Market to sell honey and related products. That day, the market was having its grand opening following renovations.

Issue

Whether the trial court erred in ruling that, as a matter of law, the plaintiff was contributorially negligent.

The sole issue in this appeal is whether the trial court erred in ruling that, as a matter of law, the plaintiff was contributorially negligent.

Rule

A person who trips and falls over an open and obvious condition or defect is guilty of contributory negligence as a matter of law.

A person who trips and falls over an open and obvious condition or defect is guilty of contributory negligence as a matter of law.

Analysis

The court applied the rule of contributory negligence by examining Scott's knowledge of the curb's existence. Despite her claims of forgetfulness and the poor lighting conditions, the court found that Scott had been aware of the curb for many years and had previously navigated it. The court determined that her failure to pay attention to a known hazard constituted contributory negligence.

Applying the rule to the facts in the present case, we hold that the trial court correctly ruled that, as a matter of law, Scott was contributorially negligent.

Conclusion

The court affirmed the trial court's judgment, holding that Scott was contributorily negligent as a matter of law.

Accordingly, we will affirm the trial court's judgment.

Who won?

City of Lynchburg prevailed because the court found that Scott's prior knowledge of the curb and her lack of reasonable excuse for her forgetfulness established her contributory negligence.

Scott, however, asserts that, although she had actual knowledge of the condition in question, whether she exercised reasonable care for her own safety is, nonetheless, a jury issue.

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