Daniel Costello v. Waste Management of Virginia, Inc.

Summary

The court grants Waste Management of Virginia, Inc.’s motion for summary judgment on Daniel Costello’s negligence claim arising from a fall at a landfill. It concludes that the curb and twigs over which Costello tripped were open and obvious, making him contributorily negligent as a matter of law under Virginia law. The court denies as moot the motion as to Costello’s previously dismissed ADA claim and other pending pretrial motions.

Holdings

1. Summary judgment was proper because the curb and twigs that caused Costello's fall were open and obvious, and Costello presented no evidence of an external condition excusing his failure to observe them.
2. The motion was denied as moot as to the ADA claim because the court had previously dismissed that claim.

Questions Presented

1. Whether defendant was entitled to summary judgment on the negligence claim because the curb and twigs were open and obvious and plaintiff was contributorily negligent as a matter of law.
2. Whether the motion for summary judgment was moot as to the ADA claim because that claim had already been dismissed.

Disposition

other