The defendant, a wine company, has sought to dismiss a personal injury case filed by the plaintiff. The defendant has claimed that the plaintiff has no grounds or legal basis to take this case further.
The plaintiff filed for legal action against the wine company due to injury from a trip and fall incident. According to reports, the place of the alleged accident was at the cellar doors by the sidewalk. Based on the testimony of the plaintiff, he had acquired serious physical injuries because of the accident. On that day, the plaintiff had parked his car at the wine company’s parking lot at the back. The plaintiff got out of his car and headed for the direction of the store entrance to buy a bottle of wine. Before he was to arrive at the entrance, the plaintiff has to walk along a narrow passageway. It was like a narrow sidewalk built close to the side of the store building.
The plaintiff recalled that it was drizzling during that time. The plaintiff was nearing a corner when he came upon some metallic cellar doors lying by the sidewalk. As the plaintiff continued his walk towards the entrance, he tripped over the cellar doors, causing him to fall hard on the ground. According to his assessment, when the plaintiff stepped on the cellar doors, his foot got stuck between the wedges thus causing the fall. In his statements, the plaintiff claimed that the cellar doors were not stacked properly. One was higher than the other door.
The wine company moved to dismiss the case. According to the statements from the company’s representative, the company does not have access to the cellar doors in question. The company points to a bicycle company which is also another tenant of the building. To best of the representative’s knowledge, only the bicycle company had access to those doors. The wine company had no keys and has never used those doors. In short, the wine company affirms in its statement that it has nothing to do with the cellar doors since they don’t belong to the company. Therefore, the company seeks dismissal since they don’t have any liability towards the plaintiff.
In support of its statements, the defendant, also the wine company, submitted an affidavit containing the testimonies of a civil engineer and one of the personnel for the bureau of claims management. Both of their statements concluded that there was no record of any repairs and maintenance done on the cellar doors by the defendant. According to the civil engineer, he has searched records for repairs, service contracts and even information relating to sidewalk complaints but found no relevant information.
It is for this reason that the defendant has filed for dismissal. The wine company wants the injury case to be dismissed because it was not liable for the accident of the plaintiff. It was an unfortunate incident but the plaintiff was not justified in holding the company for damages. According to the law, if the plaintiff fails to establish a legal basis or sufficient proof concerning the allegations made, the case should be dismissed. The plaintiff does not get anything from the defendant since defendant is not guilty on the matter.
The court has also noted that the plaintiff failed to prove that the wine company had any responsibility for the installation, repair and maintenance of metal doors which are the cause of the injuries. Based on the statements and evidence presented, the court has decided to grant the motion for dismissal filed by the wine company. The plaintiff has no case and therefore no damages to obtain from the wine company.
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A New York Trip and Fall Attorney is always ready to help you and anyone you know who has acquired personal injuries. If you are in need of a New York Trip and Fall Lawyer, Stephen Bilkis & Associates have offices located in the metropolitan area. Inquire now for an expert legal consultation.