Summary Judgment Granted for Stacey Gorny in Supreme Nassau

Senior Counsel Stacey Gorny obtained summary dismissal for the defendant in a premises liability case pending in Supreme Court, Nassau County.  In that case, the plaintiff was a visitor to the defendant’s nursing home facility, and alleged that she tripped and fell over wires near a patient’s bedside.  As a result of the fall, the plaintiff sustained a broken shoulder and pelvis.  In awarding summary judgment to the defense, the Court determined that the wires around the patient bedside were open and obvious, which required no warning.  In support of its decision, the Court determined that the Plaintiff was very familiar with her surroundings, that she was a daily visitor for hours at a time and that there was no evidence the room had been any different on that day, as compared to all the other days she visited.  The Court further opined that the placement of wires was not any danger, much less a nuisance to the plaintiff.  Ultimately, the Court found the wires to be open and obvious and not inherently dangerous, which entitled the defendant to a complete dismissal of the Plaintiff’s claims.

       
 

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