Fourth Department Reverses Niagara County Supreme Court and Finds No Defect

Eric S. Bernhardt, Esq., and Brandon R. King, Esq., successfully secured reversal of the trial court’s denial of defendant’s motion for summary judgment from the Appellate Division, Fourth Department.  Representing Carrols LLC, the nation’s largest franchisee of Burger King Restaurants, they moved for summary judgment arguing there was no evidence of any defect or dangerous condition which caused the elderly plaintiff to fall in the restaurant vestibule.  The entire incident was captured on security camera footage, which depicted several people coming and going through the restaurant vestibule without issue including plaintiff’s son moments before the plaintiff.  Plaintiff’s counsel attempted to suggest that the rug on the vestibule floor was rippled or otherwise defective but offered no evidence in support of the claim.  While the trial court believed questions of fact precluded summary judgment, the Appellate Division, Fourth Department reversed noting the security camera footage clearly demonstrated there was no evidence of a defect.

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