John M. Kirby
Currin v. Rex Healthcare | Premises Liability
In Currin v. Rex Healthcare, (2014), the Court of Appeals (in an unpublished opinion) addressed a case in which a patient at a hospital tripped over a plastic object on the driveway. The object was 6 inches in diameter, and 1.5-2 inches high, and was black, attached to the asphalt by adhesive. It was designed to hold stanchions which were to prevent cars from parking along the curb at certain times (even though they had not been used in a long time). The lower court dismissed the claim on a motion for summary judgment, and the court of appeals affirmed.
The court held that the object was visible and apparent, and there was contrast between the plastic base and the asphalt, and the object was visible at night. As such, the court affirmed the dismissal of the suit.
John Kirby taught continuing education seminars to insurance adjusters regarding premises liability in North Carolina, and has represented parties in numerous premises liability cases.