Jackie Walter v. Branch Hays Farm SC Associates, LP, and Hudson Construction Company, No. SC-2025-0160, CV-22-900526 (Ala. Feb. 27, 2026). The Alabama Supreme Court (Parker, J., and Stewart, C.J, and Wise, Sellers, and Cook, JJ., concur) affirms the Madison Circuit Court’s summary judgment in favor of defendants, holding the hazard on which Ms. Walter fell was objectively open and obvious.
In May 2021, Jackie Walter tripped and fell outside a Staples office-supply store while walking through a sidewalk construction zone. Ms. *2. The construction zone was clearly marked with barricades and signs warning patrons to exercise caution. Ms. *4. The area of concrete where Walter fell was uneven and marked with neon spray paint to warn customers. Ms. *5. Walter sued the store owner, contractors, and Staples based on “alleged improper handling of the construction zone.” Ms. *7. The trial court granted summary judgment in favor of the defendants, and Walter appealed. Ms. *9.
Defendants raised the open and obvious nature of the construction zone as an affirmative defense. Whether a condition is open and obvious is an objective inquiry determined by whether a hazard would have been apparent to, and recognized by, a reasonable person. Ms. *11, 14. The concrete that caused Ms. Walter’s fall was objectively open and obvious. *13. There were multiple indicators alerting to the presence of construction hazards and specific warnings about the uneven concrete itself. Ms. *18. The Court affirms the trial court’s granting of summary judgment in favor of defendants. Id.