The defendant in this case has moved for a summary judgment and filed a motion to dismiss the personal injury case of the plaintiff due a trip and fall accident. With regard to the defendant’s motion, the plaintiff has moved to change her claim notice.
According to the claim document, the plaintiff filed the injury complaint because she wants to seek damages for the accident that happened to her in front of a building which is within the jurisdiction of the defendant. The plaintiff has alleged that she sustained injuries due to a defective sidewalk. The defendant in this case is a city.
In the plaintiff’s notice of claim, the plaintiff indicated that the defendant is considered as the owner of the defective sidewalk. Therefore, the defendant has the responsibility to ensure that the sidewalk is free from defects that may endanger the safety of the public. The city should be held accountable since it has agents and employees that are paid to inspect, maintain and repair any defects found on public property.
According to the provisions of the law, a New York Injury Lawyer explained that the notice of claim serves as a requirement in order for the plaintiff to recover damages against a city or municipality. The plaintiff has two defendants in this case. One is the transport authority and the other is the city itself.
Upon reviewing the notice of claim, the transport authority has discovered that the plaintiff has not made an allegation towards the agency. The agency has also found that while the complaint includes the transport authority as liable, the notice of claim does not contain the same information. The defendant has asserted that it is not liable for the trip and fall accident.
The court is tasked to determine whether there is sufficient proof to establish the conditions required for summary judgment. The law states that the responsibility to keep roadways and sidewalks free from any defects falls on the city. This provision was cited by the transport authority to support its non-liability defense.
A Staten Island Personal Injury Lawyer said that according to the court, the party seeking a summary judgment must present sufficient proof that the complaint against it lacks merit. The failure of that party to do so will deny the motion for summary judgment. Once the party has established the evidence, the burden of opposing the motion lies on the other party. In this case, the plaintiff has to prove the existence of material issues for the case to proceed.
The transport authority does not have any link of ownership to the location described by the plaintiff. The court also noted that the plaintiff has not made any specification as to the liability of the transport authority. It was not clear to the court if the plaintiff has identified the transport authority in the notice of claim.
The notice of claim must be written and sworn by the plaintiff as a formal document for a claimant to recover damages. The document must also include the items that have been damaged or injuries sustained. The notice of claim is needed so that the court can decide if it contains sufficient information. The notice of claim will also allow the city or municipality to investigate on the matter. A Westchester County Personal Injury Lawyer said public records and other relevant documents will be checked concerning the alleged defect on the sidewalk.
Based on the evidence presented, the court has decided to grant the summary judgment as filed by the defendant. The plaintiff’s complaint against the transport authority was dismissed since there was no sufficient evidence to prove its liability. The plaintiff was denied of her cross-motion. Finally, the remainder of the case was ordered by the court to continue.
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