SACS Delivers the Fatal Blow to Plaintiff's Case

Jason Corrado obtained summary judgment and dismissal on behalf of a major metropolitan hospital group involving a trip-and-fall claim by a nurse’s aide.  Judge Allen B. Weiss of the Supreme Court, Queen County, agreed with the defendant’s position that the plaintiff failed to identify with specificity the mechanism which caused her to fall – and that in any event, the alternate options posited by plaintiff were all known to the plaintiff and obvious to any observer. 

The Court noted that it was plaintiff’s failure to use reasonable care which caused the trip-and-fall, and that the hospital maintained its premises safely and there was nothing more the hospital could or should have done.  Further, the Court noted that plaintiff’s inability to identify the cause of the fall was fatal to the cause of action.

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