Pinson v. 45 Development, et al.

Plaintiff, a sign electrician, was injured when he fell through the canopy of a storefront. Plaintiff filed suit against the owner of the shopping center and others. The court concluded that the district court did not abuse its discretion in denying plaintiff's fifth motion to amend his complaint; the district court did not abuse its discretion in denying leave to amend when plaintiff filed his motion over three months past the deadline; the exception to the "open and obvious" rule did not apply in this case; plaintiff was an independent contractor; the hazards plaintiffs encountered were open, obvious, and known to him before he ascended the roof and undertook the risk of falling; and the owner had no duty to warn plaintiff of an obvious hazard integral to his work. Accordingly, plaintiff failed to show that the owner owed him a duty. The court affirmed the district court's grant of summary judgment to the owner. View "Pinson v. 45 Development, et al." on Justia Law