Michael J. Lezamiz, an associate in ADM’S New York City Office, obtained Summary Judgment in a fall case allegedly caused by a defective staircase. The Plaintiff was setting up for a party at our client’s building when he fell down a set of stairs while holding a sheet cake. During Mr. Lezamiz’s questioning of the plaintiff, the Plaintiff testified that he was unable to see stairs prior to his accident because of the sheet cake.
Mr. Lezamiz filed a Motion for Summary Judgment at the conclusion of discovery, arguing that the Plaintiff’s own testimony showed that he fell because of his choice to walk down the stairs with the sheet cake. The Plaintiff’s opposition included an expert affidavit from an engineer who inspected the stairs and who opined that the stairs were dangerous.
The Court ultimately granted the Motion and dismissed the action against our client upon a finding that the client was not negligent as a matter of law and specifically found that plaintiff’s expert’s findings were contradicted plaintiff’s testimony and was therefore not considered.