News & Events

Seth Goldberg and Jesse Dyer recently secured summary judgment in a slip-and-fall case. The Court granted summary judgment because there was no record evidence that the store owner had actual or constructive knowledge of the water on the floor before the accident occurred. The plaintiff attempted to create an issue of fact with an affidavit stating that the water appeared brown in color which, she argued, suggested the water had been on the floor for a long period of time. The Court agreed the affidavit could not create a genuine issue of fact because it directly contradicted the plaintiff’s prior deposition testimony that she never saw the water and could not describe it.