BRIEF CASE Coursework Example | Topics and Well Written Essays - 750 words

BRIEF CASE - Coursework Example Teresa D. Oglesbee is the bereaved and Pfeil is a private funeral home. Oglesbee attended a private viewing at Pfeil in the evening of September 12, 2010. Oglesbee used the front door to exit the building after the viewing. Pfeil official escorted her carrying an umbrella since it was raining. Oglesbee moved ahead of the Pfeil official and fell in an eight-inch drop at the public sidewalk, causing her to suffer injury. The drop was not marked and the official did not warn her about the eight-inch drop. Oglesbee sued Pfeil in tort for negligence arguing that her fall resulted from Pfeil’s neglect and failure. Pfeil discovered this and moved for summary judgment. Pfeil argued that the company had no duty to warn Oglesbee because the drop consisted of an open and obvious danger, which she could have easily observed without necessarily being warned against it. Oglesbee filed a case against Pfeil upon suffering an injury caused by falling into an eight-inch drop at Pfeil’s premises. The offended party usually moves to court to sue the offender for remedies. In this case, Oglesbee is the offended party, and also the plaintiff. Her interest was to sue Pfeil for damages caused by negligence and failure of duty of care to its invitees. Pfeil sought summary judgment after discovering Oglesbee move to court. Pfeil won the case against Oglesbee based on the fact that the drop at Pfeil’s sidewalk was an open and obvious danger; therefore, the company was not responsible for Oglesbee’s injury. Oglesbee decided to appeal to the higher court. The case was forwarded to the court of appeal. The plaintiff/appellant feels that the agent of the defendant/appellee had a duty of care in tort to ensure safety of invitees through providing and keeping posted adequate warnings at the scene under the conditions that prevailed at the time of her injury. These conditions are hazardous and dangerous to people leaving the premises especially when there is no light, sign or