Wilfong v. L.J. Dodd Construction

Plaintiff, David W. Wilfong, was injured when he fell while walking across ruts at a construction site. He appeals from the trial court’s grant of summary judgment in favor of defendants, L.J. Dodd Construction (Dodd) and G. Porter & Company (Porter). Plaintiff argues that: (1) the trial court erred in ruling that the ruts were open and obvious; (2) the trial court erred in determining that the “distraction exception” did not apply; (3) the trial court erred in ruling that the distraction was not reasonably foreseeable by defendants; (4) even if the ruts were open and obvious, defendants owed…