Congratulations to our partner, Marie Castronuovo, on winning summary judgment. 

On January 9, 2023, Marie Castronuovo’s motion for summary judgment was granted on behalf of our client in the case of Laura Marks v. Lessings, Inc.  This case involved a plaintiff who fell down exterior steps at Whitby Castle, claiming the steps were visually confusing. 

To establish that the steps were not visually confusing Ms Castronuovo presented the Court with the photos of the steps marked at plaintiff’s deposition which depicted various shades of gray on each step, and a darker landing as well as a white framed threshold. She also argued that plaintiff’s expert failed to identify a Building Code violation and admitted that the steps were well lit. Plaintiff opposed the motion, arguing that the steps were an optical illusion and required a mid-handrail. This was rebutted by Ms. Castronuovo who argued that plaintiff’s expert’s opinion only provided suggestions for making the steps safer and did not identify any Building Code requiring a mid-handrail. She further cited to plaintiff’s testimony that she was looking straight ahead as she exited the building, instead of down at the staircase.

Judge Charles Wood found that the photos submitted by Ms. Castronuovo depicted a short staircase with a visible threshold of a different color than the landing, which was a different color than the various shades of gray of each step below it.  Judge Wood granted the defendant’s motion and dismissed the plaintiff’s Complaint in its entirety.