February 15, 2018

DSB successfully argued the applicability of the “continuing storm” defense in proceedings involving a slip and fall incident in Richmond County. It was plaintiff’s position that she fell due to an accumulation of snow and/or ice within a parking lot servicing a large, well-known office supply company. The office supplier had contracted with a snow removal agent for plow services within the lot. The Court found, however, that defendant established its entitlement to judgment as a matter of law through conclusive proof, including weather records and the expert opinion of a forensic meteorologist, that there was an ongoing storm at the time of plaintiff’s fall. The Court further found that there were no issues of fact as to whether the snow removal agent created and/or exacerbated the condition during its removal activities, or whether the condition pre-dated the storm.