Kristen Benson and David Katz recently secured an Order of summary judgment in Onondaga Supreme Court dismissing a slip-and-fall claim involving a plaintiff who slipped and fell outside his apartment complex. The Plaintiff alleged he slipped on ice causing his fall.
Based on plaintiff’s deposition testimony, the Court found Plaintiff could not identify the cause of his fall as a matter of law. As a result, the Court dismissed Plaintiff’s claim. The Court alternatively found the storm-in-progress doctrine precluded Plaintiff’s claim based on defendant’s expert affidavit identifying continued snowfall over a twenty-four hour period.