Case Results
Gordon & Silber Obtains Summary Judgment for Resort in a Trip and Fall — July 2009.
Type of Case: Premises Liability.
Venue: Supreme Court, Suffolk County.
Background Facts: A then 74 year old woman, who was walking with her daughter, allegedly tripped and fell over a mat in the entrance vestibule to the main building of the resort. She alleged that the edge of the mat, instead of lying flat on the floor, was “rippled”, which caused her foot to slide under it causing her to fall.
Our Strategy: To establish that the resort did not create the condition of the “rippled” mat and that the resort did not have notice of the condition. We argued that the mat was maintained and placed by an unrelated company. Further, we argued that the plaintiff and her daughter walked past the area several times prior to the incident and made no complaints regarding the mat.
Special Problems: Our client had personnel stationed in the area of the accident.
Result: The trial court granted our motion for summary judgment dismissing the complaint against the resort.
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