The Technical Standards and Safety Authority (TSSA) brought a motion for summary judgment to dismiss an action against it following a severe escalator injury to a minor plaintiff.
The TSSA argued it owed no duty of care regarding inspection frequency, met the standard of care in its inspections, and its actions did not cause the injuries.
The court dismissed the motion, finding genuine issues requiring a trial.
The court emphasized that the necessary findings of fact could not be made without live witness evidence, and that the issues were not clearly severable from the broader case against other defendants, posing a risk of inconsistent findings if partial summary judgment were granted.
