Case Results
Gordon & Silber Obtains Summary Judgment for Maintenance Company on Grounds that it had No Notice of the Condition and Did Not Create the Condition — October 2007.
Type of Case: Slip and Fall. Plaintiff alleged he fell and hurt his right knee when he slipped on water and paper inside a bathroom at a hospital.
Venue: Supreme Court, Westchester County
Background Facts: Plaintiff, a security guard employed at the hospital, slipped and fell inside a bathroom at 3:00 a.m. Our assured was hired by the hospital to do housekeeping, including cleaning the subject bathroom. The bathroom was cleaned pursuant to a regular schedule, and a housekeeper was on call at the facility to respond to any complaints during the overnight shift, when the accident occurred. As a result of his fall, plaintiff alleged injury to his right knee, requiring arthroscopic surgery.
Special Problems: Plaintiff presented an affidavit that the condition appeared to have been on the floor for a long period of time. The hospital also argued that our assured was solely resposible for maintenance of the bathroom.
Our Strategy: We argued that our client did not owe plaintiff a duty at night when it merely was obligated to respond to calls, but was not obligated to inspect or otherwise do general cleaning. We established using our client's log book that no call was placed prior to plaintiff's accident and noted that plaintiff, a security guard in the vicinity of the condition, would have been the one to call in the condition.
Result: The court granted our client summary judgment finding no notice.
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