Facts

On April 2017, Flavia Valadez was attending a Catholic faith tradition known as the Service of the Light (Service) at St. Joseph the Worker Catholic Church (the Church)--a service she has attended numerous times since 1997. In keeping with tradition, the Church was kept in darkness in all areas with one overhead light shining on the altar. Unable to find a seat in the lower level, Valadez went upstairs to find a seat in the balcony. The balcony was in darkness and had four landings on which seats are available. Valadez proceeded to a seat and she took a step thinking she had reached the last landing, and fell because there was one more landing she had missed. Valadez brought causes of action for negligence and premises liability against the Church and alleged that the Church caused Valadez to fall due to unsafe conditions in and around an unlit staircase on the Church's property. The Church moved for summary judgment.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that she fell due to conditions of an unlit staircase in defendant's property. Plaintiff contended that there are material issues of fact concerning the darkness during the Service was an open and obvious danger. Plaintiff contended that defendant presented no evidence that plaintiff had previously visited the balcony under the same conditions. Plaintiff contended that darkness coupled with faulty stairs caused plaintiff to fall and sustain serious bodily injuries. Plaintiff contended that the Service is subject to regulation for the protection of society.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions. Defendant argued that it is entitled to summary judgment because the evidence showed that plaintiff voluntarily encountered the obvious darkness in the church. Defendant contended that falling in darkness was an inherent risk of the Service that plaintiff attended and that defendant had no legal duty to protect plaintiff from that inherent risk. Defendant contended that plaintiff willingly engaged in the Service, which she understood involved darkness. Defendant contended that it had no legal duty to abandon the religious practice involving the use of darkness under the First Amendment.

Result

Defendant's motion for summary judgment was granted.