Justice David Schmidt
Phoenix Construction moved for summary judgment dismissing the complaint against it in this negligence action by Brady, who claimed to have tripped and fell in the lobby of a residential building owned by Park City. Brady claimed she fell on a rubber mat negligently placed in the entry and lobby that was “raised and bunched up,” causing her fall into construction materials, including marble slabs, stored in the lobby. Phoenix argued Brady failed to show it contributed to the accident as its sole cause was the negligent placement of the mat by Park City. The court stated evidence of negligence is not enough to establish liability, but it must be proved the negligence was the “cause of the event which produced the harm.” It noted Phoenix’s evidence established prima facie that the sole proximate cause of the accident was the negligent placement of the “mat and allowing it to curl over the door saddle” by Park City. The court found Brady and Park City failed to raise a triable issue of fact of whether Phoenix’s acts or omissions were a substantial factor in causing Brady’s accident. As such, the court granted Phoenix’s motion dismissing the complaint and all cross-claims against it.
