Associate Ryan Rayder Achieved Victory For BMM Client

Associate Ryan Rayder achieved another victory for a BMM client after being granted summary judgment and the codefendant settled the claim without contribution by our client. The lawsuit involved a slip/trip-and-fall accident resulting in a claim of fracture and an altered level of enjoyment of life by the plaintiff. Our firm represented the adjacent ground-floor tenant, impleaded by a landlord/owner looking to transfer liability. Although there was a defect in the sidewalk, there were also medical records reflecting that the plaintiff’s fall took place due to the presence of snow/ice, and testimony from the plaintiff that there “may have been” some moisture there as it had snowed earlier that day.

Ryan prepared a motion for summary judgment, focused upon the landlord’s duty to repair structural defects and the lack of responsibility of the tenant who had never performed any exterior work on that sidewalk, and contested any obligation to indemnify the owner under the terms of the lease.