Fowler v. CEC ENTERTAINMENT

I concur in affirming the summary judgment in favor of FSR because Fowler failed to present substantial evidence, in opposition to FSR's motion for a summary judgment, indicating that FSR had any obligation to maintain or repair the exterior entrances to the building. I dissent, however, from the affirmance of the summary judgment in favor of CEC.

CEC's argument that the condition that caused Fowler's fall was open and obvious is an affirmative defense, on which CEC bears the ultimate burden of proof. Denmark v. Mercantile Stores Co.,844 So.2d 1189, 1194 (Ala. 2002). "`"[Q]uestions of openness…