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.

We have worked with Smith Sovik for many years. They provide a thorough case analysis, timely updates and sound recommendations which enable us to make informed decisions. Beyond their legal expertise, their honesty and integrity displayed in litigating files in a cost-effective manner, has enabled us to control expenses.

Chris Marra, Sr. Claims Adjuster, Price Chopper