Defense Verdict Obtained in a Slip and Fall Case

We obtained a defense verdict in a slip and fall case in Suffolk County Supreme Court. The plaintiff was a physician’s assistant who alleged he slipped and fell on a wet area inside his medical facility. He testified at his deposition that he saw mop swirls in the wet spot. He brought suit against the facility’s cleaning company over one year later. Unrelated to this incident, the plaintiff had a pancreatic cancer relapse after his 2019 slip and fall and was out on workers’ compensation for over one year. At trial, plaintiff’s counsel produced a note from the plaintiff’s wife stating that he would not be testifying due to his medical condition; therefore, his deposition testimony would be read to the jury, which the court allowed. We argued that plaintiff’s counsel had the opportunity to secure statements from numerous witnesses and former employees whom counsel never subpoenaed for non-party depositions or trial. The cleaning company’s owner, our client, testified that the plaintiff’s employer had access to his janitorial equipment, including mops, which were always at their disposal. We argued that it would be speculation that a wet spot on a floor would have been caused by our client. The jury deliberated for 55 minutes and rendered a defendant’s verdict.