Van Gordon v. Herzog

OPINION

FOLEY, Judge.

This case arises as a result of injuries appellant Dallas Van Gordon sustained in a fall through an open window at a bar owned by respondents Daryl and Jean Her-zog. Appeal is taken from the trial court’s grant of summary judgment in favor of respondents and dismissal of appellant’s negligence claim with prejudice. We reverse and remand for trial.

FACTS

At approximately 9:00 p.m. on October 27, 1984, appellant went to the Rustic Bar for an evening of socializing and dancing. The bar was fairly crowded when he arrived. Appellant selected a barstool in front of a large double…