On September 2, 2009, Rutherford & Christie attorney Michael Becker, obtained summary judgment in State Supreme Court, Suffolk County before Judge Mayer in favor of all defendants including The Nutty Irishman, a Bar/Restaurant in Bay Shore Long Island.
In this case, the plaintiff allegedly slipped and fell in the dance floor area and suffered a tri-malleolar ankle fracture requiring open reduction surgery with the insertion of hardware. The plaintiff alleged that he slipped in a wet substance which was the result of the defendants’ negligence in the ownership, operation, maintenance, control and management of the premises. The plaintiff further alleged that the defendants had actual and constructive notice of this wet substance, but failed to take reasonable measures to rectify the condition in a timely manner.
We successfully argued that the record established that none of the defendants were on notice of this spill that allegedly caused the plaintiff’s accident. The plaintiff could not show that any of the defendants had actual notice of the spill nor could the plaintiff provide sufficient evidence for a trier of fact to infer that the defendants had constructive notice of the spill even though the plaintiff claimed to have seen the spill approximately twenty-five minutes before his accident. In addition, due to the court’s decision granting summary judgment in favor of the defendants, all cross-claims for indemnification were rendered moot.