Brief Description of Case:
This is an action in which plaintiff sought recovery for personal injuries sustained when, while traversing over the cover of an overflow cesspool basin, the cesspool collapsed from underneath her, causing her to fall straight down into the cesspool.
Court or Jury’s Decision and Reasoning:
By way of short form order dated September 21, 2021, the Supreme Court, Suffolk County (Hon. Justice Carmen Victoria St. George), granted our client, the cesspool cleaning company, summary judgment and dismissal of plaintiff’s complaint, reasoning that our client established that it was an independent repair/contractor which never entered into a contract with the subject homeowner to provide routine inspection or maintenance of the cesspool, and that it did not negligently perform any work on the subject cesspool prior to the accident.