The defendant estate brought a motion for summary judgment in a slip and fall action initiated by the deceased's personal care worker.
The plaintiff slipped on an icy driveway while caring for the deceased.
The defendant argued that the deceased lacked the mental capacity to be an 'occupier' under the Occupiers' Liability Act, that the plaintiff herself was the occupier, that any duty was fulfilled by hiring contractors, and that the plaintiff willingly assumed the risk.
The court dismissed the motion, finding that the evidentiary record, including conflicting evidence regarding the deceased's mental capacity and the plaintiff's responsibilities, did not permit a full appreciation of the facts necessary to grant summary judgment.