Legal Question in Personal Injury in New York
slip and fall
To Whom It May Concern:
My question is in regard to a slip and fall accident. My wife fell on a neighbors front sidewalk and was seriously hurt. She has had two major operations on her neck and it looks like she is going to have permanent injuries. The neighbor was at fault because they tried to shovel the snow and never completed the job or threw salt down. There is witnesses to this and it has been documented in the deposition.
My question is that the defendant's attorneys have filed a motion to have this case dismissed (on what grounds I don't know) is it a standard practice for the defendant attorneys to try and get out of a case like this? what effect does the injuries have on a judges decision to let this go to a trial or not?
3 Answers from Attorneys
Re: slip and fall
It is routine for the defense to make a summary judgment motion arguing that they are not responsible as a matter of law. Slip and fall cases, especially on snow and ice are hard cases (but not impossible) for a plaintiff to win. The injuries are immaterial to the liability of the defendant. Although judges being human do sometimes consider the injuries on a borderline case (although they're not supposed to).
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Re: slip and fall
The injuries do not matter on such a motion. If, as a matter of law the neighbor was not responsible, then what difference does the extent of the injury matter?
Good luck on the motion.
RRG
Re: slip and fall
whether the motion to dismiss is approved or not depends on the facts of the case. a motion to dismiss is a regular trial tactic and is often made without real merit.
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