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Plaintiff Fails to Meet Her Burden in Black Ice Slip and Fall Case Vozzo v. Fairfield Wentlake Square, LLC – Second Department NYLJ – July 28, 2017

August 4, 2017 • Posted By Joseph A. French • Insurance Coverage

            The Second Department recently reversed a Suffolk County Judge’s denial of summary judgment to the defendant.

 

Plaintiff claimed he slipped on black ice in the exterior dumpster area of a residential complex.  Plaintiff had testified precipitation had fallen before her fall, and she had not seen the alleged icy condition before or after she fell.

 

“A property owner will be held liable for a slip-and-fall accident involving snow and ice on its property only when it created the dangerous condition which caused the accident or had actual or constructive notice of its existence”.  However, here the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that the black ice that allegedly caused the plaintiff to fall developed as a result of precipitation that fell on the day of the accident, and that the defendant did not create or have actual or constructive notice of the existence of the black ice.

 

The Court stated plaintiff’s failure to raise a triable issue of fact regarding whether black ice was a product of a prior storm required dismissal of her claims.