Pretzel & Stouffer Attorneys Obtain Summary Judgment for Premises Owner
Stephen Veltman and Kelly Kono recently obtained summary judgment in a matter involving a slip and fall accident on a wet substance in the lobby of an office building during inclement winter weather that the plaintiff claimed resulted in a substantial ankle injury which required two surgeries.
Steve and Kelly argued that the plaintiff could not establish that their client had created the allegedly dangerous condition on the premises. They also argued that the plaintiff failed to establish any actual or constructive notice of the allegedly defective condition.
In response to the motion, the plaintiff attempted to introduce new theories of negligence related to the size of the floormats as well as an allegation that the frequency of janitorial inspections was deficient given the inclement weather. The Court rejected both arguments.
The Court granted summary judgment in favor of Steve and Kelly’s client, agreeing with them that there was no evidence of constructive notice and no evidence that the defendant caused or created the condition.