Brief Description of Case:
This is an action where plaintiff sought recovery for personal injuries allegedly sustained when he was caused to trip and fall due to an alleged defect in the roadway.
Court or Jury’s Decision and Reasoning:
By motion, our office argued that although our client performed interior plumbing work on the third floor of the subject premises, it never performed any exterior work at or about this premises; it never supervised, directed and/or controlled any exterior work at or about this premises; it never hired any contractors to perform any exterior work at or about this premises; and it never obtained any permits for any exterior work, including any street opening permits, at or about this premises. Accordingly, our client, was nothing more than a contractor which did not create the roadway condition at issue herein, as it did not own, occupy, control or make special use of either the subject premises or the roadway abutting the same. Accordingly, our client, cannot be held legally liable herein.
The court found, our client, Skinner, had established a prima facie case for summary judgment and so Ordered, our motion to be granted and the complaint and any cross-claims against Skinner were dismissed.