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Segal McCambridge Shareholder Carla Varriale-Barker and Senior Associate Antigone Tzakis secured an appellate win, with the Appellate Division affirming summary judgment in favor of our client, resulting in the dismissal of the plaintiff's Amended Complaint. This case involved allegations of negligence related to a slip-and-fall incident at a water park.
The plaintiff allegedly sustained a Lisfranc fracture when she slipped and fell off a concrete peninsula and her foot struck a federally-mandated suction outlet cover in the pool. We moved for summary judgment on behalf of the Defendant, arguing that the plaintiff could not identify the cause of the fall without engaging in speculation, a critical requirement for premises liability cases. The trial court agreed, granting our motion and dismissing the claims.
On appeal, we successfully defended this decision. The Appellate Division upheld the ruling, recognizing that the Defendant was entitled to judgment as a matter of law. We demonstrated that the plaintiff’s claims were speculative and unsupported, including allegations regarding the design and surface of the peninsula, and suction outlet cover was mandated by and in compliance with the Virginia Graeme Baker Pool and Spa Service Act. By highlighting the lack of direct evidence linking the alleged negligence to the plaintiff’s injuries, and the Defendant’s compliance with federal law, we effectively neutralized the claims.
This result reflects our team’s ability to navigate complex premises liability cases and protect our clients’ interests. By presenting clear, well-founded arguments and focusing on the facts, we achieved a favorable outcome that underscores our commitment to delivering strong legal advocacy.
