Obtained Summary Judgment in personal injury matter involving an alleged trip and fall over a folded over weather mat in the vestibule of a diner. In that case, the defense was able to establish through video evidence that the plaintiff failed to make a prima facie showing that the plaintiff’s fall down accident was caused by any negligent act or omission by the defendant diner. To the contrary, the court was persuaded that the video evidence demonstrated that her accident was caused by her own misstep and not by any defective characteristics of the weather mat. The court was also persuaded that even assuming the weather mat was defective in some way, that the defendant diner did not have any notice of same. Summary judgment was affirmed on appeal.
|