Bendix and Finn Win Dismissal of Personal Injury LawsuitOctober 18, 2016 |
Pursuant to an Order dated October 6, 2016, our clients, the owner and managing agent of a housing complex, were granted summary judgment dismissing plaintiff’s complaint in this matter. Plaintiff claimed that she was injured when a window in her apartment fell out of its track and struck her in the face. She claimed that the accident was caused by a broken window latch. Plaintiff claimed that in the past the window jammed and would not open all the way. We contended that the fact that it may have jammed in the past did not prove that the latch caused it to jam in the past. We contended that defendants had no notice of the broken latch. We further contended that we did not create the allegedly defective condition since defendants did not install the windows and did not repair or perform any work on the window latches. The court agreed that there was no evidence that defendants had notice of the broken window latch or created the condition and, therefore, the complaint was dismissed.