The plaintiffs in the case are China Rabalais, an infant and her mother Kysha Jones and Kysha Jones as an individual. The defendant in the case is Starrett City, Inc.
The defendant in the case has filed a motion on April 12, 2010, seeking a summary judgment in their favor to dismiss the complaint made against them.
A New York Injury Lawyer said this action was started on June 28, 2008 when the plaintiff, China Rabalais and Kysha Jones filed a summons and verified complaint with the clerk’s office of Kings County. The defendant provided a verified answer to the complaint on July 2, 2008.
The verified complaint issued by the plaintiff contains 25 allegations of fact and two causes of action. The main complaint against the defendant alleges that the company owns the multiple dwelling building located at 1440 Freeport Loop, Kings County, New York. The plaintiffs resided in this building in apartment 4E. The first cause of action in the allegations is for personal damages the plaintiff received on February 24, when a defective shower knob in her apartment caused injury to her hand based on negligence by the defendant. The second cause of action is for derivative injuries.
The plaintiffs oppose the motion for a summary judgment with affirmation from three annexed exhibits as well as their counsel. The first exhibit is a photograph of the shower knob that is allegedly defective. The second and third exhibits are the affidavits of Jones and Rabalais.
The defendant has issued motion papers that consist of nine exhibits labeled A through I. Exhibit A is the summons and verified complaint. Exhibit B is the verified answer provided by Starrett City. Exhibit C is the defendants demand for a bill of particulars. Exhibit D is the verified bill of particulars. Exhibit E is a copy of Rabalais’s deposition testimony. Exhibit F is a copy of Jone’s deposition statement. Exhibit G is a copy of Gonzalez, a superintendent for the defendant, deposition. Exhibit H is a copy of Josapha Gonzalez’s affidavit. Exhibit I is a copy of the affidavit given by an employee of the main office of Starrett City’s Maintenance Office, Margaret Maxwell.
A Long Island Personal Injury Lawyer said that in a personal injury case such as this, the defendant must prove prima facie to the fact that they did not cause the defect that resulted in the injury and that they did not have sufficient notice that a possibly hazardous condition existed.
In this case Starrett City proves prima facie showing that they did not cause or create the defect through the affidavit of superintendant Josapha Gonzalez who states that on January 27, 2006, before the plaintiffs moved into the location, he personally inspected the apartment and found the faucets on the showers to be in working order. A Staten Island Personal Injury Lawyer said that Starrett City further points out that they were not notified that the problem existed, proving prima facie in this case as well.
Based on the evidence provided and the fact that Starrett City has proven prima facie in the case, the Court rules in favor of the defendant and grants the motion for summary judgment. The case is dismissed.
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