Managing Partner Alex Malino Obtained Dismissal in Snow and Ice Case.

Managing Partner Alex Malino obtained a dismissal in a snow and ice “storm in progress” case where the plaintiff alleged severe personal injuries when he fell on ice at the smelting facility of one of the firm’s clients. The plaintiff, a trucker, had arrived early for a delivery to our client’s facility.  Slightly after sunset, the plaintiff exited his vehicle and slipped and fell on an icy condition causing severe personal injuries and fractures.  The case presented significant exposure given a lien in the mid-six figures.

During the deposition, Alex questioned the plaintiff, who admitted there was a black ice condition present, which by its definition, cannot serve as notice of a dangerous condition. Aiding the defense was an expert meteorologist who evaluated all weather conditions through an affidavit with accompanying certified meteorological reports to conclude the weather had changed minutes before the sun had set and any potential freezing just occurred.  As such, the ‘storm in progress’ rule was argued which holds a landowner is not liable for any icy condition until an adequate period of time has passed following the cessation of the storm, giving the owner the opportunity to ameliorate the hazards. Additionally, the plaintiff’s meteorologist affidavit could not raise a triable issue of fact, as it didn’t identify with specificity or detail what records were relied upon to draw his conclusions.

 The court agreed with our arguments and dismissed the plaintiff’s complaint in its entirety.  We take pride in working with our clients on identifying resolution strategies early on and pursuing them aggressively using the best experts and technology available.