Wanemaker Wins Summary Judgment in Erie County

Jaclyn Wanemaker won dismissal of a premises liability case in Erie County Supreme Court involving a slip and fall at a local restaurant.  There was no question that the plaintiff fell and broke her hip.  Unfortunately, a third-party investigator lost the surveillance video, resulting in spoliation sanctions but Wanemaker used the testimony of the restaurant manager to establish not only that the video did not show the incident but more importantly that there was no evidence of any dangerous condition on the floor of the restaurant.   Plaintiff could not identify any dangerous condition that caused her to slip and the Judge denied plaintiff’s motion for summary judgment and dismissed the case on defendant’s motion.