Marc Trachtman Law wins summary judgment in premises liability case based on trivial defect and lack of causation.
Facts: Plaintiff alleges she tripped and fell on uneven and/or broken outdoor flooring consisting of concrete pavers and/or also as a result of uneven, slip resistance, slope and elevation of the exterior area in a common area outside an office building owned by our client. Plaintiff claimed the incident caused her to be bleeding from her head that resulted in scarring of her forehead and that she sustained a traumatic brain injury and also bruising and/or abrasions to her knees, ankles, feet, and writs. Plaintiff claimed extraordinary damages including for ongoing treatment and consultations from a voluminous number of healthcare providers. Defendant contended that Plaintiff was unable to identify without speculation within some reasonable particularity where she fell and or the nature of the alleged dangerous condition, and in any event, that there were no dangerous conditions in the general vicinity of common area where the incident generally occurred. Marc Trachtman filed a summary judgment on these alternative grounds.
Result: Motion for summary judgment granted that was brought by Marc Trachtman Law (via John W. Roddy, Esq. and Timothy M. Smith, Esq.) on August 22, 2022. The Court ruled that to the extent there was a defect with the exterior pavers, it was a “trivial defect.” Also, the Court based the granting on Plaintiff’s speculation as to what specifically caused her to fall. Plaintiff has appealed the MSJ granting, and the matter is currently pending.