Summary Judgment in Premises Liability Case
The Firm recently won summary judgment in a trip and fall case, securing a dismissal of all of plaintiff’s claims with prejudice against our client, a private landowner that owned the abutting sidewalk where plaintiff was allegedly injured. Plaintiff claimed that he tripped and fell in a snow-covered city-owned tree well on New Year’s Day 2011. Throughout the litigation, plaintiff argued that it was the snow condition—and not the tree well—that caused plaintiff’s accident. However, our argument that because the trip and fall happened in a city-owned tree well, our client, as a private landowner, had no duty with regard to snow removal inside the city-owned tree well. Further, we highlighted plaintiff’s consistent testimony that it was the tree well, and not any snow and ice condition, that caused plaintiff’s accident. Following oral argument, the court dismissed all claims against our client with prejudice.