Goldberg v. McCabe

NATHAN, Judge.

This is an interlocutory appeal by the defendant, Goldberg, from an order of the trial court granting plaintiff McCabe’s motion for summary judgment as to liability in an action for personal injuries.

Plaintiff McCabe alleges that while walking a dog at night in an unlighted area as a guest or invitee on the defendant’s premises, she fell into a hole approximately three feet wide caused by deterioration of the ground above and around a septic tank and as a result thereof sustained serious injuries. The defendant answered, denied negligence and asserted comparative negligence.…