Is Being Obese an Open and Obvious Danger?
Valerie Smith v. Wells Fargo Bank, NA: Whether a patron’s heftiness can create an open and obvious danger and whether a property owner’s knowledge of an allegedly defective chair are questions for the jury. On March 12, 2013, Valerie Smith went to Wells Fargo with her mother to have a document notarized. The bank manager invited them to come into his office. Upon entering the office, Smith sat in a chair. Significant to these events is that Smith is “a heavy person.” Smith claimed that she had not even put her full weight into the chair when she heard “a...
