Case Results
Gordon & Silber Wins Summary Judgment For Operator of Theater — October 2007.
Type of Case: Trip and Fall. Plaintiff alleged she fell and fractured her ankle after missing a stair as she entered a theater due to inadequate lighting and due to an improperly camouflaged step.
Venue: Supreme Court, Nassau County.
Background Facts: On July 12, 2005, plaintiff, an 85 year old woman, claimed she missed a step walking into a theater. She testified that she did not recall any lighting in the area.
Special Problems: Plaintiff provided an affidavit from her sister that the aisle and the stair had the same pattern carpet which thus "camouflaged" the step and that there were no markings indicating the existence of the stair.
Our Strategy: We retained an expert architect who conducted a site inspection and provided us with an expert affidavit that there was no defect pertaining to either the lighting or the stair. We argued that the stair was open and obvious and plaintiff's failure to observe lighting which existed at the time was not probative. Finally, we argued it would be sheer speculation to conclude the fall would not have occurred had the carpet been a different color or pattern.
Result: The court granted our client summary judgment.
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