CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - THURSDAY, DECEMBER 4, 2025

Cross-Office Team Secures Summary Judgment Win in Negligence Action with $2M Demand

Woman falling on icy concrete

The Lewis Brisbois team moved for summary judgment on the basis that the icy condition was open and obvious to the plaintiff and, separately, on the grounds that the Massachusetts Rule relieved the hotel of any duty to remove actively accumulating snow and ice from its open-air parking lot.

December 2, 2025
Lewis Brisbois Newsroom

St. Louis, Mo. (October 15, 2025) - St. Louis Managing Partner Tracy Cowan and Kansas City Partner Jonathan Craig secured a summary judgment win in a Missouri negligence action with a $2 million demand. The plaintiff alleged he fell on uncleared ice on the client hotel’s parking lot and sustained a shoulder injury that required significant surgical intervention and loss of use. The Lewis Brisbois team’s aggressive discovery revealed that there was significantly more to the story, including that the plaintiff had made several trips back and forth on the hotel’s allegedly icy parking lot prior to injuring himself.


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