Attorney Kelly Magnuson obtained summary judgment in a slip and fall case. Plaintiff fell on ice while walking on a road in the Village of Kiryas Joel. The plaintiff suffered a fracture to the left shoulder that required an arthroplasty procedure five days post-accident.
Our insured was the snow removal contractor hired by the village during the relevant time frame. Records proved that our insured last performed snow removal services more than 48 hours before the plaintiff’s fall. Our meteorology expert provided an affidavit attesting to the freezing temperatures and rain for the two days following the last snow removal. We also proved that we were on an on call schedule with the co-defendant Village and had no duty to return to remove us that may have built up as a result of the weather. Thus, the Court found that we owed no duty to the Plaintiff.