Published on:

Defendant Requests Summary Judgement on Slip and Fall, NY Appellate Court Denies


A company who operates a chain of supermarket and drugstore filed a motion to grant them a decision without trial and to dismiss the complaint filed against them on the grounds that the complainant had failed to establish a case of negligence. However, the complainants oppose the motion.

The personal injury action arises out of a trip and fallaccident that occurred at one of the supermarket. It is alleged that a woman while in the aisle in front of the fresh vegetable and herbs, happened to trip, slip and fall because of the vegetable misting machine spraying mist onto the aisles and beyond the perimeters of the mat/carpet causing the floors to become wet and causing the woman to slip. The woman sustained injuries from the accident. Summons and verified complaint were served.

A New York Injury Lawyer said the company submitted that they are entitled for a decision without trial as they claim that based upon the sworn testimony of the parties, together with the affidavit of the assistant store manager and the woman’s pleadings, the woman cannot establish that the company created the alleged condition or that they had actual or constructive notice of same. The company states that the woman testified at her examination that she walked in the produce aisle for approximately fifteen minutes prior to her fall and had walked past the exact area where her fall would eventually occur. As the woman walked through the produce department, she remembered that she had forgotten something and walked back to the area of the snap peas. The woman also testified that she did not recall seeing the alleged bunched up mat when she had walked past it earlier.

The woman allegedly walked onto the mat located in front of the snap peas, reached with her right hand and grabbed a bunch of snap peas. She then turned around and her foot got stuck. The woman testified that the cause of her fall was the mat and the wetness in the area and that the alleged wetness came from the vegetable misters located in the produce aisle.

The company asserts that the woman never made any complaints to anyone about the mister or the mat prior to the accident. A Bronx Personal Injury Lawyer said the company further asserts that the assistant store manager of the supermarket was in the area five minutes before the woman’s slip and fall and at that time, he observed the mat to be flat, clean and dry. The assistant store manager additionally states that the misters were not turned on and that he did not observe any water on the mat or anywhere within the produce aisle. When the assistant store manager appeared for his examination, he testified that, prior to the woman’s accident, he was not aware of any complaints regarding mats buckling, folding or any other defects in the mat, as well as any problems from the vegetable misters which may have resulted in water on the floor. The company added that the produce manager of the supermarket testified that with regards to his general procedures as the head of the produce department, the mats that are located near the vegetable misters do not get wet. Further, a Long Island Personal Injury Lawyer said he had not seen the mats become bunched. He also testified that no one had ever reported a buckle in a mat to him.

Based upon the evidence and legal argument presented to the court in its motion, the court finds that the company established that it is either created or had actual or constructive notice of the condition alleged to have caused the woman’s slip and fall.

Consequently, a Nassau County Personal Injury Lawyer said the court concludes that the evidence provided by the woman clearly raises genuine issues of fact as to the liability of the company with respect to the injuries sustained by the woman as a result of the accident. Further, the company’s motion for decision without trial is denied.

With our everyday routine activities, we can never avoid accidents that might cause us injuries and pain. Injuries affect not only us but as well as people around us. The NY Slip and Fall Lawyers are always ready to provide you and your family with good defense. Together with your family, the team of NY Personal Injury Lawyers or NY Injury Lawyers at Stephen Bilkis and Associates can give you support and legal assistance to lighten up your worries.

Contact Information