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Maynard, O'Connor, Smith & Catalinotto, LLP

November 9, 2011

Rausch Obtains Defense Verdict in Trial of “Slip and Fall” Claim

Category: Firm News — admin @ 9:36 am

Robert Rausch was recently successful at trial in the defense of a “slip and fall” claim venued in federal court for the Northern District of New York. In the matter of Essenter v. CFI, the plaintiff alleged that he slipped on winter conditions in the parking lot of a convenient store. In defense of the claim, Rob demonstrated that the accident had actually been captured by surveillance and that the video demonstrated that the lot was clean and clear, and that the plaintiff simply stumbled, without any negligence by the defendant. Additional proof was presented to reflect that the lot had been recently plowed, that there had been no precipitation since the plowing, and that the store regularly monitored and cleaned its lot. After an hour of deliberations, the jury returned a unanimous verdict in favor of the defendants.

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