Refrigerator Manufacturer and Maintainer Denied Summary Judgment in Slip-and-Fall Case by Injured Deli Worker

Case: Bautista v. Kysor/Warren

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

Date: 6/27/12

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

**************************************************

RELATED POSTS:

CITY OF NEW YORK LOSES SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT CASE, FOR FAILURE TO MEET ITS BURDEN AS MOVANT

Summary Judgment Denied to Supermarket That Couldn't Say When it Last Inspected Aisle with "Green Stuff" on Floor That Caused

SUPERMARKET DENIED SUMMARY JUDGMENT IN SLIP-AND-FALL ACCIDENT; IT FAILED TO MEET ITS LACK OF NOTICE BURDEN AS MOVANT

**************************************************

Facts: Deli worker had slip-and-fall accident while at work. He claims refrigerators were leaking water. Since he gets Workers' Compensation, he couldn't sue his employer. So he sued the company that made and company that maintained the equipment. Both defendants applied to the Court for summary judgment dismissing plaintiff's case against them.

Held: Defendants failed in meeting their burden as summary judgment movants. They didn't show (and needed to show) that the water didn't leak from their refrigerators. So their summary judgment motions are denied. This case proceeds to trial, where plaintiff will have to show where the leak came from.