NWKT partner Tom Kendrick obtained summary judgment in a premises liability case filed against a bank. The case involved a residence that was in foreclosure. The plaintiff claimed that the bank, as the owner following foreclosure, was obligated to maintain electrical power to provide lights in the home. The court agreed that there was no such duty under Alabama law, and the condition of darkness concealing an open and obvious hazard is also an open and obvious hazard.
Summary Judgement for Bank
November 19, 2013