Case: Department Store Case Dismissed at Pre-Motion Conference
Counsel: Alice Spitz & Mary B. Dolan Roche
Result: Case Dismissed at Pre-Motion Conference
Plaintiff slipped and fell on an accumulation of water at the entrance of a department store. The accident was unreported, plaintiff did not know how long the water was present on the floor prior to the accident. MSD sought permission from the Court to move for summary judgment at the conclusion of fact discovery. MSD’s pre-motion conference request letter set forth the grounds for the motion and highlighted that plaintiff presented no evidence of how the condition was created or any evidence of notice. At the pre-motion conference, the Court dismissed the case because plaintiff failed to come forth with evidence regarding creation of the condition and notice of the condition to oppose our request to move for Summary Judgment.