News

APPELLATE VICTORY – SECOND DEPARTMENT (KINGS COUNTY)

May 27, 2015

Williams v. Vines, et al.

In this action, plaintiff was seeking to recover damages for personal injuries.  In the underlying action, we filed a motion for summary judgment, which was denied.  The aforesaid appeal was filed.  In this action the plaintiff claims that while leaving the insured’s premises, he allegedly tripped over a door saddle and fell down steps to a sidewalk.  We submitted evidence, expert photos, expert affidavit, and plaintiff’s testimony, which established that the plaintiff was unable to identify the cause of his tripping without resorting to speculation.  The evidence presented proved that the door saddle was not in a dangerous condition.  The Court reversed the lower court decision and dismissed the complaint against the insured, without payment of indemnity dollars.