Javits v. RSMO Independence Management Consultants, Inc.

We reverse the entry of a final summary judgment in this negligence action against Appellee, the owner of a resort hotel.

Paula Javits, a guest at the hotel, fell at the outdoor shower located on the hotel premises. She was alone; there were no witness to her fall. She admitted in her deposition that she “went blank.” She had no specific recollection of what caused the fall, but stated that the similarity in color between the raised concrete shower platform and the surrounding floor surface affected her ability to see the step. Photographs of the scene were attached to her deposition.…