Brief Description of Case:
Slip and fall upon ice
Court or Jury’s Decision and Reasoning:
The trial court granted our motion for summary judgment, finding that we demonstrated our client’s entitlement to judgment as a matter of law by demonstrating that plaintiff was not a party to our client’s snow removal contract, and that, as plaintiff’s pleadings did not plead the possible applicability of any of the exceptions to the general rule that a contractor cannot be held liable in tort for the alleged breach of a contractual obligation, we were not required to affirmatively demonstrate these exceptions did not apply. The trial court order was, thereafter, upheld upon appeal.