Heitman

facts, none of which Heitman disputed, establishing the accident occurred in the manner alleged. Based on those undisputed facts, Orange argued it did not breach any duty of care to Heitman because the gate was locked, she elected to climb the gate, and she slipped and injured herself while climbing back over the gate.

2 Regarding causation, Orange argued there was “no evidence” any “dangerous condition of the property or any negligence” on its part caused Heitman’s injury. “Rather, the only available evidence in this case shows that [Heitman’s] own conduct caused the accident and her alleged injuries.” Orange urged “[i]t is unforeseeable that a guest or friend visiting a guest[,] as [Heitman] was[,] would ignore a closed sign on a pool and a locked gate.” In opposition, Heitman argued Orange failed to meet its initial burden of producing evidence to establish it did not breach any duty of care or cause her injury. To the contrary, she urged, Orange’s undisputed material facts established breach of a duty and causation. Heitman submitted a declaration stating she swam in the hotel pool the day before with no issue. She declared and submitted evidence showing there was a large…