August 2015

Summary Judgement for Restaurant and Landlord in Alleged Slip-and-Fall

Ellie Konstatatos’ clients, a restaurant and an out-of-possession landlord from which the restaurant leases the premises, were awarded summary judgment dismissing all claims in a personal injury action arising out of a slip and fall on the defendants’ premises. The plaintiff claimed to have observed a wetness and oily sheen on the tiles while on the floor and alleged that employees of defendant caused such a condition.

Attorney Konstantatos argued that the defendants established a prima facie entitlement to summary judgment based on lack of constructive or actual notice. In so arguing, Ms. Konstantatos relied on evidence of the daily cleaning regimen of the restaurant, as was reflected in the extensive employee testimony on the cleaning procedure performed on the date of the incident, and the manager’s testimony that upon walk-through inspection shortly before and after the incident the floor was found to be dry. The Court found that plaintiff’s counterargument that defendant caused a substance to be on the floor was speculative, as it lacked a basis in admissible evidence.