The plaintiff tripped at the entrance of a store, sustaining injuries.
She sued the tenant (Swirls) and the landlord (Anastasios) under the Occupiers' Liability Act.
Both defendants moved for summary judgment, arguing no genuine issue for trial.
The court found no breach of the duty of care, noting the entrance was properly constructed and a warning sign was present, which the plaintiff admitted seeing.
The plaintiff's expert opinion on warning sign specifics (capitalization, color) was deemed illogical and moot.
Consequently, the plaintiff's claim against all defendants and Swirls' cross-claim against Anastasios were dismissed.
Costs were awarded to the defendants, with the plaintiff bearing the majority.
