The plaintiff has filed a complaint against the defendant for sustaining personal injury due to a trip and fallaccident. The plaintiff was boarding a plane at the airport when she suddenly tripped and fell to the ground. The plaintiff cited the slippery and defective condition of the floor of the airplane as the cause of her fall. She asserted that such defective condition has been existing inside the plane.
According to her testimony, the accident happened near the entrance of the plane. The weather on the day of the accident was described as a little snowy. There was also a little rain during that time. The plaintiff recalled that her name was called while she was still inside the bathroom. She noted that her flight was earlier than the expected time. The plaintiff was actually the last person to go aboard.
The plaintiff further described the incident. While walking towards the plane, she was aware of her steps and looked at the metal steps and the plane. A NYC Personal Injury Lawyer said she plaintiff saw the flight attendant and the next thing she knew, she tripped and fell. She added that she was walking towards the plane in her usual normal pace. She was looking at the attendant when she tripped. The plaintiff was not using her phone nor looked at anything that will distract her from going to her destination.
In her statements, the plaintiff looked down on the floor to see what caused her fall. The plaintiff identified what she saw was moist and icy dirt. She said that she did not know where the substances came from.
An airport and airline employee testified for the defendant. According to the airport operations manager during the day of the incident, he was in-charge of manning the boarding gate agents and those who are working at the ticket counter. He was also responsible for handling complaints and other unusual issues that might arise while on the job. These issues would cover personal injuries and problems in the boarding and gate area.
A New York Injury Lawyer said that during the time of the accident, the witness was stationed on the terminal of the plaintiff’s assigned plane. According to his statement, there are delegated teams who are responsible for cleaning the interiors of the aircraft. Before the employee’s company can perform inspection, the airline uses a third party service to clean the planes. The witness cannot remember which group was responsible for cleaning the plane.
The witness further asserted that when there is snowfall, the airline employees will be the ones to check the airline door and the interior of the plane for any accumulation of snow. Employees are responsible for cleaning the gates if in case they find weather debris. On the day of the accident, the flight was supposed to be delayed because of the weather. The passengers who were already on board were asked to disembark because of the weather. The witness also saw the plaintiff running or doing a little brisk jogging towards the gate. He called out that she did not have to run since the plane was delayed.
According to a Nassau County Personal Injury Lawyer, another witness for the defendant was a flight stewardess present during the plaintiff’s flight. According to her testimony, she did not see a wet spot or slippery area by the gate of the plane. She said she was certain there was nothing there since all employees are responsible for removing any condition that may endanger passengers.
The court has determined that the ice wet dirt observed by the plaintiff after she fell might have come from the passengers who disembarked and went on again. It may have come from their shoes since they went back and in the plane. Therefore, the motion for summary judgment was granted and the case dismissed.
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