Black v. Consolidated Freightways Corp. of Delaware

MEMORANDUM & ORDER

GLASSER, District Judge.

This negligence action arises out of injuries sustained by plaintiff James Black (“Black”) when he fell through a hole in a trailer owned by defendant Consolidated Freightways Corporation of Delaware (“Consolidated”) and leased to defendant Freeman Decorating Company (“Freeman”). Consolidated now moves for summary judgment, arguing that it had no actual or constructive knowledge of the hole in the trailer. For the reasons set forth below, Consolidated’s motion is granted.

BACKGROUND

The relevant facts, viewed in the light most favorable to plaintiff (as…