Maucione v. Merritt

By Judge John E. Wetsel, Jr.

This case came before the Court on the Defendant’s motion to set aside the Plaintiffs verdict on the grounds that the trap door into which the plaintiff fell was an open and obvious danger, so she was contributorily negligent as a matter of law. Nikolas E. Parthemos, Esquire, appeared for the Plaintiff; and Daniel L. Fitch, Esquire, appeared for the Defendant. The parties had previously filed memoranda of authorities which have been considered by the Court.

The abstract concept of the reasonable person is the slippery standard upon which modem tort law is premised;…