Case: Slip and Fall Accident
Counsel: Alice Spitz and Mary Dolan
Result: Summary Judgment Granted in favor of Department Store
Plaintiff tripped and fell within the vicinity of a store and brought this action claiming that the store’s negligence caused plaintiff to fall. MSD moved for summary judgment on the basis that plaintiff was inconsistent in her testimony and unable to identify the location or any cause of her fall. Plaintiff was also unable to provide any evidence of a defective or hazardous condition that would cause the fall, or evidence that notice of said condition was given to the store. The Court noted that plaintiff failed to present admissible evidence establishing the creation of the defective or hazardous condition, as it is well established that a shiny floor does not constitute evidence of negligence.