Case: Trip and Fall Accident Case Dismissed
Counsel: Dennis J. Monaco
Result: Summary Judgment granted
Our firm successfully obtained summary judgment on behalf of our client, resulting in the dismissal of all claims asserted in a premises liability action arising from a trip-and-fall accident at a gas station in Suffolk County.
Justice Christopher Modelewski, Supreme Court, Suffolk County, found that our client demonstrated, as a matter of law, that there was no actionable dangerous or defective condition that caused the alleged accident. The undisputed evidence—including eyewitness testimony—established that the decedent plaintiff did not trip on an exposed gas cap, as alleged, and that the location of the fall was approximately forty feet from any gas caps on the premises. The record further showed that there were no other defects or hazardous conditions in the area where the incident occurred.
In opposition, the plaintiff failed to raise a triable issue of fact, relying primarily on hearsay statements that were unsupported by any non-hearsay evidence. Accordingly, the Court held that summary judgment was warranted, and the complaint was dismissed in its entirety as against our client.