Tom DeBernardis secured summary judgment dismissal in favor of a retail store in a Warren County premises liability case where plaintiff alleged he slipped and fell upon entry to the store, sustaining head injuries and tinnitus. Just before the close of discovery, the plaintiff sought to amend the claim to seek punitive damages, alleging Defendant had widespread defective safety practices. DeBernardis argued the plaintiff failed at his deposition to sufficiently identify the defect which caused his fall, and thereafter attempted to feign a triable issue in his motion opposition. The Court rejected the plaintiff’s arguments, finding plaintiff failed to raise a question of fact concerning the cause of the fall, and granted Defendant’s motion to dismiss the case in its entirety.
