Victoria Beckam v. Williams Country Club

IN THE CIRCUIT COURT OF OHIO COUNTY , WEST VIRGINIA

Victoria Beckam (Plaintiff

vs ) Civil Action No

Williams Country Club (Defendant

BRIEF IN SUPPORT OF MOTION TO SUMMARY JUDGMENT I . Factual History

On September 27 , 2005 plaintiff in the above reference matter was injured when she was attending a wedding reception with her daughter at Williams Country Club . The plaintiff is an eighty years old (80 ) and uses a walker to get around and lives in an assisted living environment In which , the plaintiff needs help to get around besides the

use of her walker

Plaintiff had needed to use the restroom and she walked away from her table without her daughter knowing it . On the way to the restroom Plaintiff has to go through the bar to get to the restroom and there is a 2 (inch ) step down which is clearly marked . Plaintiff 's walker gets stuck at the steps and plaintiff falls . No one see the plaintiff fall the bartender just seen here lying on the floor

The bartender and the plaintiff 's daughter come to the aid of the plaintiff . The bartender informs manager of Williams Country Club to call 911 and 911 responds and takes plaintiff by ambulance to Weirton Medical Center , where x-rays reveal a closed fracture . Plaintiff cannot use her walker now . This injury is what led the plaintiff to initial complaint in this matter . Hence plaintiff sues Williams Country Club for injuries and emotional damages

II . Standard of Law

Rule 56 of the West Virginia Rules of Civil Procedure allows either the plaintiff or the defendant to move for summary judgment when is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law (W . Va R Civ Pro 56 (c . In Rule 56 (b ) A party against whom a claim , counterclaim , or cross-claim is asserted or a declaratory judgment is sought may , at any time , move with or without supporting affidavits for a summary judgment in the party 's favor as to all or any part thereof (W . Va R Civ Pro 56 (b III . Argument

A . Court should grant brief in support of motion for summary judgment because based on the pieces of evidence presented , defendant is not liable for any negligence within its premises that led to the injury suffered by the plaintiff

In this case , the plaintiff wants to hold the defendant liable for the misfortune that has befallen upon her . She wants to prove that defendant was negligent and that defendant should be held responsible for the injury she suffered within the premises of the defendant . She therefore wants that the motion for summary judgment be denied on the ground that there exists a genuine issue in this case which is the negligence of the defendant

Following a long line of decisions , the Court has consistently held that the owner of the premises upon which an injury occurs should not be considered as an insurer...