BMM Granted Summary Judgment in Premises Liability Case

Partner, Tom Muldoon, and Associate, Melissa Wolin, obtained summary judgement in a slip and fall case in Rockland County for BMM’s client, the owner of the property. Plaintiff alleged he had just parked his car at the train station when he slipped and fell on ice after exiting his vehicle. However, during his deposition, plaintiff failed to articulate that what actually caused his fall was in fact the ice. He testified he never actually saw the ice, and was unable to state its size, color or dimensions. In addition, he was not able to identify where it was. He surmised that his fall must have been from ice. Therefore, the court reasoned that because plaintiff was unable to identify the cause of his fall, his negligence action failed as a matter of law. This was a strong trial level victory for our client and reflects the importance of preparation and detailed questioning of the critical witness during depositions.