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Aurea Nunez v. The Salvation Army, Motion for Summary Judgment Granted

September 2, 2020 • Posted By Maria E. Stamatelatos • Insurance Coverage

In a recent twenty-six page Decision, Judge Robert A. Onofry granted our motion for summary judgment dismissing the Complaint and all causes of actions against our client, The Salvation Army. Plaintiff in this matter alleged that she tripped and fell on a purported defect/hole/crumbling of the concrete in front of a Salvation Army store.  

 

The Court found that the Salvation Army demonstrated, prima facie, that no hole currently exists in the area where the plaintiff fell, and that no hole existed at the time of her trip and fall. The Court further found that the Salvation Army demonstrated, prima facie, by competent evidence in admissible form, from several witnesses, that the area in question had not changed and had not been repaved or repaired since the accident. Additionally, the Court noted that as plaintiff did not purport to have conducted a search of building permits for evidence or work or repairs performed in the area, and as plaintiff did not hire her own expert to conduct an inquiry into whether work had been performed in the area, that plaintiff’s assertion that she tripped and fell in a hole was conclusory and failed to raise a triable issue of fact.

 

For more information, please contact Maria E. Stamatelatos, Esq. at mstamatelatos@frenchcasey.com