Case: Trip and Fall
Counsel: Salvatore DeSantis and Robert Von Hagen
Result: Summary Judgment Granted Against Plaintiff in Sidewalk Trip and Fall
Plaintiff claimed that she sustained injuries when she fell on a public sidewalk in the vicinity of a condominium building, in which our client leased a unit. Our client did not own any portion of the condominium building and the condominium declaration and bylaws did not place any responsibility for maintaining sidewalks on individual condominium unit owners, their tenants, lessors, or sub-lessors. Further, there was nothing in the lease or its rider that imposed any obligation onto our client for maintaining sidewalk slabs, flags, or structural elements, which is what plaintiff testified caused her fall. MSD submitted a Summary Judgment motion asking for a dismissal on all claims and cross claims as a matter of law. The Court granted the motion finding that, through production of the lease and an affidavit in support, our client did not have a duty to maintain the sidewalk which allegedly caused the plaintiff to trip, fall, and sustain injuries.