Senior Counsel David Metzger Obtains Summary Judgment in a Premises Case

Senior Counsel David Metzger obtained summary judgment in favor of all defendants in a slip and fall on ice case pending in Kings County Supreme Court. The accident, resulting in a significant ankle fracture requiring open reduction surgery, occurred at the roof level of a parking garage connected to an area hospital. The plaintiff was an employee of that hospital. Summary judgment was granted to the owner of the garage, as it was demonstrated through documents, corporate filings and an affidavit of a Senior Vice President that the owner of the garage was an alter ego of the hospital, such that the plaintiff’s suit was barred pursuant to the rules of workers’ compensation. The case was also dismissed against the management company for the garage, as it was established that the company had no common law or contractual obligation to perform snow and ice removal.




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