POYNER V. LOFTUS
694 A.2d 69 (1997)
NATURE OF THE CASE: Poyner (P), who was legally blind, appealed a summary judgment for
Loftus (D), building owners, property manager, and proprietor, on P's claim for damages as a
result of personal injuries sustained after he fell from an elevated walkway outside a
retail establishment.
FACTS: P suffers from glaucoma and retrobulbar neuritis. P is able to see six to eight
feet in front of himself. P does not use a cane or a seeing eye dog in pursuing his daily
activities. P left his home to the dry cleaners. P had walked by the area on three or four
previous occasions, and was aware of the general layout. There were bushes along the edge of
the platform, and that these bushes provided a natural barrier which would prevent him from
falling if he attempted to walk too far. Unbeknownst to P, one of the bushes was missing,
and there was thus nothing to restrain him from falling off the platform. Someone called his
name. P turned his head to the right, but continued to walk forward to the location at the
end of the platform where he thought that a bush would be. There was no bush. P fell,
suffering personal injuries. P sued the owners of the building, the property manager in
charge of its maintenance, and the proprietor of Parklane Cleaners. Ds moved for summary
judgment in that P had been contributorily negligent as a matter of law. The trial judge
granted the motion in that P clearly violate an objective reasonableness standard in
proceeding forward while looking the other way given his physical limitations. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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