John D. Goldman, Esq., successfully briefed a motion for summary judgment and secured dismissal of the action in Orange County Supreme Court. Plaintiff alleged he was caused to slip and fall at defendant Restaurant by the self-serve drink station. However in deposition testimony, plaintiff admitted he fell on his second trip to the drink bar and observed no dangerous condition on his first trip or up until the time he fell. Plaintiff’s testimony combined with Restaurant employee’s testimony that the area in question had been inspected 30 minutes or less before plaintiff’s fall established the Restaurant did not have actual or constructive notice of the alleged dangerous condition. Judge Slobod granted defendant’s motion and dismissed the case.
Orange County Supreme Court Dismisses Slip and Fall Case on Summary Judgment
