KNM Secures Summary Judgment

Killian Walsh of KNM’s St. Louis Office recently secured summary judgment in Kansas state court. In the case, the plaintiff brought suit against the insured after falling off a ladder at the insured’s property, alleging that the insured failed to warn of the dangers of the ladder, failed to secure the ladder, and/or failed to provide safety equipment with the ladder. The plaintiff was not an employee of the insured but was volunteering to help the insured clean out his gutters via an extension ladder. KNM argued that the alleged dangerous condition–the ladder–was open and obvious to the plaintiff who had over 30 years of construction experience, including experience working on ladders. The Court agreed with KNM’s argument that the dangerous condition was open and obvious and that the plaintiff had equal–if not more–knowledge than the insured about the dangers surrounding the use of ladders.