Partner Wendy Cardali Obtains Summary Judgment Dismissing Claims that Defendant Subcontractor Created a Defective Condition Causing a Trip and Fall

Plaintiff alleged that he sustained injury when he tripped and fell on a drain port in the freezer of the meat department of a supermarket. Our firm argued that summary judgment was appropriate as to our client, who had contracted to provide services at the supermarket as a subcontractor. Partner Wendy Cardali argued that our client neither created the allegedly dangerous condition, nor did they negligently repair any condition with the meat department of the supermarket prior to the accident. In addition, our client did not have actual or constructive knowledge of the alleged dangerous condition that caused the Plaintiff to fall. In granting summary judgment, the Court found that our client did not have ownership or control over the supermarket. The court noted that although our client provided services in the area where the subject accident took place, these services were performed nine months prior to Plaintiff’s accident. Further, no complaints were made prior to the subject accident and that Plaintiff’s conclusory and unsubstantiated assertion that the work performed by our client created a defective condition lacked any merit.

A copy of the decision can be found here: