Attorneys Alex Malino and Daniel Voronin Secure Huge Win On Black Ice Case.
Managing Partner Alex Malino and Associate Dan Voronin obtained summary judgment in the Supreme Court, New York County. The case pertained to an alleged slip and fall incident on ice within our client's parking garage during the winter season.
The plaintiff reportedly suffered significant injuries, which included three surgical procedures: an anterior cervical diskectomy and fusion, a knee arthroscopy to repair the ACL, chondral fractures, tendon tears, and a shoulder arthroscopy to address the rotator cuff. Additionally, the plaintiff allegedly developed Bell's Palsy following her neck surgery. A demand of $25 million was made by the plaintiff.
Attorneys Malino and Voronin submitted a motion for summary judgment seeking to dismiss all claims made by the plaintiff against the owners and operators of the parking garage in question. The motion highlighted a 15-inch snowstorm that occurred two days prior, along with signage placed throughout the facility that warned, "Caution, snow and moisture may be tracked in by vehicles and/or pedestrians; please use caution as you walk about our facility."
The arguments established that our clients neither caused nor had actual or constructive notice of the black ice condition on which the plaintiff allegedly slipped. Despite the testimony from the plaintiff's experts in 'retail liability', the court determined that plaintiff did not establish when the ice condition was formed. The court referenced the precedent set by the First Department, which states that defendants cannot be held responsible to continuously inspect a garage that operates 24 hours a day, seven days a week. Consequently, the court dismissed the plaintiff's claims in their entirety.
This victory, even when confronted with substantial damage claims, underscores the firm's commitment to formulating a long-term strategy as early as possible in a case. We successfully identified the strengths of the case and developed the facts through the discovery process, resulting in a significant victory for our clients despite the risk of an 8-figure loss. Early case strategy is a key performance indicator that the firm consistently prioritizes to secure victories for all our clients. Congratulations on the win!
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