Summary Judgment Obtained by Daniel McCally
Partner Daniel McCally obtained summary judgment in a wrongful death premises liability case on behalf of a property management company and a homeowner. In this case, venued in Suffolk County Supreme Court, the plaintiff’s decedent, age 60, slipped and fell in the parking lot of an apartment complex allegedly from an accumulation of snow and ice. Sadly, the incident resulted in a hip fracture and subsequent death three days later. Following legal research into a landowner’s duty to individuals in common areas, the notice requirement, and the evidentiary threshold to establish a prima facie case of negligence, we moved for summary judgment arguing that our clients were not responsible for the condition in question and that plaintiff failed to present sufficient evidence of a dangerous condition. The court granted summary judgment in favor of our clients, dismissing all claims.
Categories