ZK RESULTS – ATTORNEYS MATTHEW BRENEMAN, BRIAN LUCOT, AND KYZEN SMITH SECURE SUMMARY JUDGMENT IN PREMISES LIABILITY ARBITRATION
On March 12, 2025, Zimmer Kunz attorneys Matthew Breneman, Brian Lucot, and Kyzen Smith obtained summary judgment for a client in a premises liability matter. The plaintiff alleged that the defendant had failed to properly maintain a patch of weeds on the hillside, causing him to trip and fall on the weeds and sustain injuries.
The lawsuit was originally filed in the Washington County Court of Common Pleas but was dismissed pursuant to defendant’s Preliminary Objections based upon a contract requiring binding arbitration. The suit was then filed with the American Arbitration Association with West Virginia substantive law being applied. In arbitration, defendant moved for summary judgment based upon West Virginia’s open and obvious hazard doctrine, as deposition testimony indicated that plaintiff was aware of the alleged hazard prior to his accident. The arbitrator, in agreement with defendant’s motion, then awarded summary judgment to defendant. This decision was held to be a full resolution of all claims in the arbitration.
