GMR Partner Robert Stein and Associate Christopher Scott won dismissal of all claims against their clients in an Essex County, New Jersey slip and fall action. Plaintiff claimed injuries following a fall on the clients’ premises, alleging “slippery conditions” on the sidewalk. Robert and Christopher argued that the plaintiff had failed to prove a prima facie case of negligence; specifically, the plaintiff could not prove there was a pre-existing hazard on the subject sidewalk that was the cause of her fall. Further, there was no evidence of any actual or constructive notice to the insureds that would have created a heightened duty of care. Robert and Christopher also presented the argument that at the time of the plaintiff’s fall, the weather conditions amounted to an “ongoing storm,” thus rendering the matter subject to recent Court decisions that relieved the clients’ liability. The Court ultimately agreed with Robert and Christopher that Plaintiff had failed to prove her case beyond mere speculation that a hazardous condition caused her fall and dismissed the complaint.
