Karen J. Krogman Daum, Esq., secured dismissal of a slip and fall claim in Onondaga County

Karen J. Krogman Daum, Esq., successfully briefed a motion for summary judgment and secured dismissal of the action in Onondaga County Supreme Court. Plaintiff alleged she slipped and fell on an “egg-like” substance on a local grocery store’s floor. Plaintiff did not know how or how long the substance was on the floor. Defendant established it did not create or have actual or constructive notice of an alleged slippery condition through its ongoing inspections of the store’s floor. Just five minutes before plaintiff’s fall, a store employee inspected the floor and found it was dry. In opposition, plaintiff only speculated additional surveillance footage would have demonstrated notice to defendant. Judge Karalunas granted defendant’s motion and dismissed the case.

 

Karen J. Krogman Daum, Esq., successfully briefed a motion for summary judgment and secured dismissal of the action in Broome County Supreme Court.  Plaintiff alleged he was caused to slip and fall on snow and/or ice on a public sidewalk in front of defendant’s house.  Per the Binghamton Property Maintenance Code, homeowners are not liable for slip and falls on the public sidewalks.  Additionally, plaintiff testified there was three inches of ice on the sidewalk when he fell, but the weather reports indicated there was trace amounts of snow and above freezing temperatures for several days prior to his fall.  In opposition to defendant’s motion, plaintiff only speculated that defendant somehow negligently removed the snow and/or ice on the public sidewalk.  Judge LeBous granted defendant’s motion and dismissed the case.

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