How To Brief a Case - Assignment Example

Case Brief Case Brief The Case Teresa D. Oglesbee v. Pfeil Funeral Homes, Inc. Facts The case constitutes a premises liability case. Teresa D. Oglesbee attended a private viewing at Pfeil Funeral Home on September 12, 2010. Pfeil official escorted her after viewing using an umbrella since it was raining. Oglesbee walked past the official, and fell into an eight-inch drop at the public sidewalk, making her suffer injuries. There was no warning mark about the drop. 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 negligence. Pfeil discovered this and moved for summary judgment. Pfeil argued that the funeral home had no duty to warn Oglesbee; this is because the drop was an open and obvious danger, which Oglesbee had a duty to discover without necessarily being warned against it. Issues There are two issues that the plaintiff wants to be addressed in this case:1. Was it not the duty of the Pfeil officer escorting the plaintiff/appellant to warn her of an unmarked eight-inch drop at the public sidewalk?2. Did the court apply the right standard to the fact situation of the case?

Decisions The court of appeal argued that the eight-inch drop was an open and obvious danger. The defendant/appellee owed no duty of care to warn the plaintiff/appellant of the open and obvious danger that she could have easily observed and avoided. Reasons The court of appeal defined the phrase, “open and obvious hazard”, citing the case, Rengel v. Meijer Stores Ltd. The court’s argument was based on “open and obvious hazard” being a plain view and readily discoverable danger upon ordinary inspection.

The openness and obviousness characterization of the eight-inch drop barred all claims of negligence on Pfeil.