Case Law Alerts
The Ongoing Storm Doctrine bars liability again defendant-employer despite plaintiff-employee’s alleged slip and fall during an ongoing storm.
The plaintiff slipped and fell on ice on the sidewalk as she exited her place of employment and subsequently commenced a personal injury suit. At her deposition, the plaintiff testified that it had started snowing during the day and there was at least an inch of snow on the ground at the time of the accident. The defendant argued it was entitled to summary judgment because it did not breach its duty of care as it was still snowing at the time the plaintiff left work. The trial court agreed with the defendant, as did the Appellate Division, finding the “undisputed material fact remains that it was snowing and defendant was afforded a reasonable period of time to remove the snow and ice.” Accordingly, summary judgment was entered in the defendant’s favor and then affirmed by the Appellate Division.
Case Law Alerts, 3rd Quarter, July 2019
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