Kelly v. Regency Centers Corp.

KATIE WEAVER HARTZOG (Raleigh) had an entry of summary judgment affirmed by the North Carolina Court of Appeals in a case in which Plaintiff alleged that Plaintiff’s decedent suffered injuries after tripping and falling over a curb at a shopping center.  In Kelly v. Regency Centers Corp., _ N.C. App. _, 691 S.E.2d 92 (2010), the Court of Appeals held that Plaintiff’s decedent’s failure to avoid the curb, which was an open and obvious condition, constituted contributory negligence as a matter of law, in bar of her claim.