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This case is a slip and fall against a hotel. After the case was filed, the defendant filed a motion for summary judgment. The plaintiff filed two Rule 56(F) motions, which the trial court granted. Plaintiff then contacted defense counsel to seek agreement to a third extension of time. Defense counsel agreed -- but the plaintiff never actually filed a third 56(F) motion. When the attorney eventually filed the responsive documents, the opposing party moved to strike that evidence. The trial court granted both the motion to strike and the motion for summary judgment.

On appeal, the plaintiff tried arguing that the trial court erred by granting the motion to strike, the Court disagreed.


The Court then reviewed the evidence in the record and concluded that the trial court did not err by granting the motion for summary judgment.

Brad A. Catlin
Price Waicukauski & Riley, LLC
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