Megan Murphy Obtains Summary Judgment in Premises Case

Associate attorney Megan Murphy recently obtained summary judgment in a premises matter before the Supreme Court, Suffolk CountyThe Court dismissed all claims against defendants, a Suffolk-County based heating oil supplier and it’s owners. Plaintiff, who had slipped and fallen while at the insured’s premises, had performed an oil delivery, and alleged his fall to have been the result of the defendants’ negligence in allowing the ground to be in a “wet, slippery and/or greasy” condition. The plaintiff sought damages for multiple tears he suffered to his right shoulder, resulting in right shoulder surgery. Plaintiff acknowledged that it had rained during the course of his delivery that day, but was unable to identify the specific cause of his fall. Defendants demonstrated that the plaintiff was unable to specify the cause of his fall, and that no dangerous condition existed at the time of the accident.  The motion also proved that the defendants had complied with all requirements of the Suffolk County Department of Health, and that even if such a dangerous condition did exist, they had no notice of the alleged dangerous condition. The Court ruled that Ms. Murphy established prima facie entitlement to summary judgment, and that there were no issues of fact which would warrant a trial.

       
 

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