Alana J. Szemer Obtains Summary Judgment on the Issue of Trivial Defect in a Trip and Fall Case in Suffolk County, NY
Continuing GVK’s record of superior results for our clients, New York partner Alana J. Szemer recently won a motion for summary judgment on the issue of trivial defect, a defense notoriously difficult to prove.
The plaintiff alleged she tripped and fell on a misleveled section of pavement near gas pumps at a gas station. Utilizing prompt investigation of the accident site with an expert engineer, Ms. Szemer obtained persuasive evidence that convinced the court that the alleged defect was not actionable as a matter of law. The case was thus dismissed on its merits.