Trena Winkler v. Pinnacle Properties I, LLC and Ershig Properties, Inc.

The plaintiff tripped and fell in a parking lot. She sued the owners, claiming that the step up from the parking lot to a ramp leading onto the sidewalk was a hidden danger because it was painted the same color as the top surface of the ramp. The court below granted the defendants a summary judgment, holding that the defendants had not violated any duty to the plaintiff and that the sole cause of the injury was the plaintiff’s inattention to the surroundings. After a review of the record, we hold that the defendants are not entitled to a judgment as a matter of law. We therefore reverse the lower court’s judgment and remand the cause for further proceedings.