Case Dismissed Against Office Worker Who Tripped on Raised Carpet Tile; No Notice to Defendants

Case: Vitello v. AMB Property Corporation

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

Date: 7/5/12

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

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Defense Summary Judgment Motion Denied in Case of Woman Who Lost Her Finger Tip Due to Defective Chair in Restaurant

Slip / Trip and Fall Accidents

PEDESTRIAN'S CASE FOR TRIP-AND-FALL ON WOOD BOARD AT CONSTRUCTION SITE DISMISSED DUE TO LACK OF NOTICE

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Facts: This plaintiff was working in an office building when he had a trip-and-fall accident. He fell over a raised carpet tile square in the hallway. Like all good accident victims, he sued the building owner and managing agent.

The defendants asked the Court for summary judgment, claiming they had no notice of the raised carpet square and that they had not created the condition.

This accident victim tried a cute work-around. He claimed that the tile had been incorrectly installed some years before his accident, so that the defendants were responsible for his accident.

Held: The Court wasn't buying that last argument. This plaintiff walked those halls daily for several years and had never before noticed the defective carpet tile. The defendants proved their arguments and win summary judgment here. Case dismissed.

Comment: But the plaintiff still gets Workers' Compensation benefits for his accident and injury.

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