Brendan A. Bertoli recently obtained a dismissal of all claims in a trip-and-fall action. Our client, a commercial tenant and operator of a retail lottery/candy store, was sued along with the owner/lessor of the property. The Plaintiff alleged that she tripped over a stand used to display newspapers for sale. At her deposition, Mr. Bertoli obtained testimony from the Plaintiff that she had seen the stand many times before and that she did not know where she was looking at the time she fell. The Plaintiff designated an expert that opined that the height of the stand violated relevant builing code and other regulations.
Following discovery, ADM moved for summary judgment arguing that the stand did not constitute a defective condition, and in any event was not a proximate cause of the accident. The Court agreed and dismissed Plaintiff's direct claims. The Court also agreed that, in light of the absence of any negligence on our client's part, the owner/lessor's claim for contractual indemnity should be dismissed.