Open and Obvious Condition and Contributory Negligence Defenses Rule the Day
No good deed goes unpunished for the Plaintiff good samaritan in
Draughon v. Evening Star Holiness Church of Dunn, 374 N.C. 479 (2020),
especially with the NC Supreme Court’s June 5, 2020 decision granting Defendant’s Motion for Summary Judgment.
In
Draughon, Plaintiff was injured when he tripped while assisting funeral home staff in carrying a casket up the stairs of the church. Plaintiff filed a lawsuit against the church alleging negligence in failing to keep the premises in a reasonably safe condition and failing to warn of dangerous and defective conditions. However, the Court found the condition of the top step was open and obvious, precluding a duty to warn, and Plaintiff was contributorily negligent for his injuries in that he kept his eyes on the doorway while walking sideways up the stairs. Specifically, the facts illustrated the top step was four inches taller than the other step