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FREEHILL’S WINS SUMMARY JUDGEMENT IN SERIOUS ANKLE FRACTURE PREMISES LIABILITY CASE

We are pleased to report a summary judgement win by associate Tanner Honea with supervising partner John Karpousis.  

The matter concerned the complete fracture of Plaintiff’s ankle suffered while she was a patron at our client, The Copacabana dance club in Manhattan.   Pedraza was working on her master’s degree in psychology and vacationing in New York with two friends at the time of her injury.   She underwent two surgeries to repair the fracture, which included the insertion of two screws into her tibia.  


In reliance on testimony Mr. Honea elicited from plaintiff during her deposition, and in addition to affidavits we prepared for the business’s security manager and assistant general manager, we filed a motion for summary judgment which was granted,  disposing of this case.  The court noted that Plaintiff failed to positively identify the source of her fall during her deposition, that the employee affidavits further demonstrated the absence of any hazard, and that video surveillance also failed to show any cause of her fall.  As a result, the plaintiff could not establish the elements of constructive notice, as general notice that a condition might be present and the presence of a condition in another, general area (as plaintiff argued) was not enough for plaintiff to meet her burden. Thus, the case was dismissed.


To view the full Summary Judgement, click HERE.