Rusch v. Leonard

Plaintiff, Becky Rusch, special representative for James Rusch, deceased, appeals from the trial court’s grant of summary judgment in favor of defendant, Falato Construction Company, Inc. (Falato), and from the trial court’s denial of her motion for leave to file an amended complaint. Plaintiff argues: (1) that the trial court erred in concluding that her cause of action was barred by application of both the “fireman’s rule” and the “open and obvious rule”; and (2) that the trial court abused its discretion in denying her motion for leave to file an amended complaint. For the reasons that…