SLIP-AND-FALL ACCIDENT VICTIM CAN'T SUE FOR ALLEGED OIL LEAK FROM CAR; DEFENSE SUMMARY JUDGMENT GRANTED, CASE DISMISSED

Court: Supreme Court, Appellate Division, Second Department, New York.

Case: Vinston Jeansimon v. David E. Lumsden

Date: Feb. 7, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer)

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RELATED POSTS:

PEDESTRIAN'S CASE FOR TRIP-AND-FALL ON WOOD BOARD AT CONSTRUCTION SITE DISMISSED DUE TO LACK OF NOTICE(Posted by Queens accident lawyer Gary E. Rosenberg on Mar 13, 2012)

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NO NOTICE OF TRIPPING HAZARD TO GIRL HURT AT SCHOOL; DEFENSE GRANTED SUMMARY JUDGMENT DISMISSING CASE(Posted by Queens accident lawyer Gary E. Rosenberg on Mar 17, 2012)

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Comment:

In a slip-and-fall accident case, the injured accident victim must always be able to describe the substance he slipped on and its source. This substance must also be linked to a defendant who had notice of or created the dangerous condition.

In this case, the 14 year-old plaintiff slipped and fell on an oil stain or puddle. He claimed that the oil came leaked from defendant's vehicle. To me, this might seem like enough to get the case to a jury.

However, the court had trouble with the theory of the child/plaintiff's case, tossing it out by granting the defense motion for summary judgment (dismissal). "Why?" you may ask.

Apparently there was insufficient proof that the spill came from the car or, more likely, that there was some negligence no the part of the car in allowing a spill. It seems evident that the car was in no way examined mechanically.

The appeals court notes, "it would be mere speculation to conclude that the allegedly dangerous condition which caused the plaintiff to slip and fall was created by any affirmative act of negligence by the appellant." And "speculation" is a big no, no in a personal injury /accident lawsuit.

Case dismissed with the granting of the defense summary judgment motion. Plaintiff loses; defendant wins.

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