Facts

Michael Osborn and Shirley Osborn sued the City of Sacramento and Fairytale Town Inc., in connection with a trip and fall incident that allegedly occurred on April 12, 2014.

PLAINTIFFS' CONTENTIONS:
Michael Osborn was allegedly waling on a path within the perimeter fence of Fairytale Town when he tripped on a tree root and fell. Osborn was injured, and sued defendants for premises liability and loss of consortium. Plaintiffs alleged that the property, and the property leased by Fairytale Town, was owned by the city.

DEFENDANTS' CONTENTIONS:
Fairytale Town denied plaintiffs' allegations and asserted various affirmative defenses. In its motion for summary judgment, Fairytale Town claimed it had no possession or control over the premises where the alleged incident occurred. As such, it denied any liability.

Result

The court ultimately granted Fairytale Town's summary judgment motion.

Other Information

The case is ongoing as to defendant City of Sacramento. FILING DATE: Feb. 26, 2015.