March 21, 2018

The firm obtained a defendant’s verdict on behalf of a Long Island school district in a premises liability case. Plaintiff alleged on the date of the incident, he was bringing his grandson to a school event and slipped and fell on ice on a walkway resulting in a significant knee injury. Plaintiff alleged that there was ice present on the walkway causing him to fall. Two first responders both testified that they observed ice on the walkway and slipped themselves as they approached the plaintiff. Plaintiff produced a meteorologist who testified that the ice had formed earlier in the morning and per climatological data he opined that the school failed to apply salt or sand throughout the day which resulted in the ice being present at the time of the incident. Our attorney crossed examined the expert calling into doubt his opinions and brought out that there was a late day ice/storm event which undercut the plaintiff’s theory. The custodian at the school stated that there was no ice on the walkway. After a four day trial, the jury returned a verdict in favor of the school district finding no negligence on the part of the school district.