Menough v. Woodfield Gardens

The plaintiff, Jeff Menough, brought this action to recover for injuries he sustained while playing basketball on a basketball court located on the property of the Woodfield Gardens apartment complex. The trial court granted summary judgment to Woodfield Gardens, hereinafter referred to as defendant, 1 finding that the hazard that caused plaintiff’s injury was open and obvious. The plaintiff appeals, contending that the hazard was not open and obvious as a matter of law and, even if open and obvious, the defendant nonetheless owed him a duty to make its property reasonably safe. For the…