Case: Trip and fall over wood chips at K-12 Yeshiva
Counsel: Robert A. Von Hagen
Headline: Lack of Prior Incidents Thwarts Plaintiff’s Claim
Result: Summary judgment and dismissal
In Monczyk v. Yeshiva Ohr Reuven, plaintiff alleged he sustained catastrophic injuries following a trip and fall over a pile of wood chips that was located on a pedestrian path at our client’s school, a Yeshiva for grades K through 12. Robert Von Hagen recently won summary judgment dismissing the case. He submitted multiple affidavits from school staff to show the Court that the path was used by dozens of schoolchildren to re-enter the school after the recess period on the day of the plaintiff’s fall and that there were no reported incidents that morning. Recess ended only fifteen minutes before plaintiff used the same path. Thus, the Court held that the defendant lacked notice of any dangerous condition and dismissed the case.