Grover Victorious On Behalf of Chelsea PiersJune 16, 2017 |
Keith S. Grover obtained dismissal of a personal injury lawsuit on behalf of our client, Chelsea Piers, on June 13, 2017. The plaintiff claimed that she was attending a catering party at Chelsea Piers when she tripped and fell on a single step, resulting in significant injuries and requiring surgery.
In opposing our motion for summary judgment, plaintiff argued that the layout of the single step in the accident location created optical confusion based upon the lack of a warning sign, the use of the same carpeting on the step as on the surrounding flooring, and no markings to identity the step.
In our reply affirmation, we distinguished the case law cited by the plaintiff and pointed out the features present in the subject case that justify dismissal, including: 1) the subject step was accompanied by a black, descending handrail next to a white wall; 2) the plaintiff did not state that there was a lighting issue in the area; and 3) the lack of prior complaints to Chelsea Piers or known accidents involving the step.
The judge agreed with Keith’s arguments that dismissal of the complaint was warranted, based upon the photographic evidence of the accident location, together with the affidavit of a Chelsea Piers manager establishing that the area was always fully and adequately illuminated by lighting fixtures during operating hours, that there were no complaints by any employees or visitors concerning the location, and that there were no known prior accidents involving the step.