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Maynard, O'Connor, Smith & Catalinotto, LLP

August 12, 2013

Firm Obtains Dismissal of Slip and Fall Case

Category: Firm News — admin @ 8:10 am

The firm was recently successful in its defense of the St. Mary’s School.  The plaintiff, a parent of a school child, maintained that he slipped and fell on the front steps of the school, and claimed that the steps had been improperly cleaned and polished.  Our office moved for summary judgment and dismissal of the action.  We demonstrated that the School had appropriate polices and procedures for cleaning and inspection of its floors, that there was no substance or debris on the stairs, and that the mere fact that a stair might be “slippery” did not support a cause of action.  In addition, we demonstrated that there was no proof that the alleged slippery condition had existed for a significant period of time and, in fact, that the plaintiff himself had walked up and down those steps three times that day without issue or complaint.

In a written decision by Hon. David Krogmann, Supreme Court, Warren County, the Court granted our motion and dismissed the case in its entirety.  The court agreed that the School did exercise reasonable care, that there was no proof of any defective condition, and that the plaintiff had failed to demonstrate any triable issues of fact.

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