Defense Plows Over Plaintiff's Claim
Obtained summary judgment in favor of a snow removal company in a case involving an alleged fall on snow and ice in a parking lot at JFK Airport. Our client was hired to remove snow in various locations at the airport. The plaintiff alleged that our client failed to perform snow removal properly, as a result of which, ice was allowed to form, on which the plaintiff slipped. In a 19-page decision, the court granted summary judgment to our client. Following case law, the court found that our client: (1) did not cause or create a condition so as to become an instrument of harm; (2) as a third-party contractor, did not perform services upon which the plaintiff relied; and (3) did not assume such control over the parking lot so as to displace the owner with respect to a responsibility to third parties.