St. Louis Record Quotes Baker Sterchi Member David Eisenberg on Challenge to Open and Obvious Doctrine
Baker Sterchi Member David Eisenberg is quoted in a recent St. Louis Record article “Western District remands case against highway commission involving mother and child who drowned” regarding the Western District of Missouri’s remand of a wrongful death lawsuit brought by a father who lost his daughter and grandchild in a road accident involving flooding.
Eisenberg notes that the court acknowledged the possibility that a reasonable person “may not have surmised that there was obvious danger in pursing the path” chosen by the plaintiff’s daughter and that it can be “difficult to win a motion to dismiss based on the open and obvious concept” without significant discovery in a case, which had not yet been done in the case at issue (Michael Lee v. Missouri Department of Transportation).
Eisenberg has over thirty years of experience representing Fortune 100 and other companies in employment and labor law matters, consumer and general business litigation, and appellate litigation. He is the Editor of Baker Sterchi’s Missouri, Employment & Labor, and Product Liability blogs and has served on the Editorial Board of the ABA Appellate Practice Committee, and on that Committee’s Appellate Rules subcommittee.
The St. Louis Record, a publication of the U.S. Chamber Institute for Legal Reform, covers the legal system, focusing on civil actions in the St. Louis area.