Case:
Strangi, Robin and John v. Atlantic Southern Sealcoating and Paving, LLC
Practice Area:
Premise Liability, Personal Injury
Attorney(s):
Plaintiff Counsel:
Law Offices of Craig Goldenfarb, Esq. (Paul McBride) / Kelley Kronenberg (Maura Krause)
Result:
Motion for Final Summary Judgment granted
Summary:
Stuart Partner Nora Bailey, Esq., prevailed on a Motion for Summary Judgment in a premises liability/personal injury matter styled Strangi, Robin and John v. Atlantic Southern Sealcoating and Paving, LLC. Our client, who was contracted to sealcoat and stripe the parking lot at a gas station, was sued for personal injuries after Plaintiff slipped on a painted portion of the lot more than four months after our work was completed. We moved for summary judgment based on the Slavin doctrine and argued that Plaintiff was impermissibly stacking inferences to prove her case. The case was made difficult by the fact that it became evident through discovery that our client had inadvertently used the wrong paint as required under the contract with the gas station, who accordingly joined in Plaintiff’s opposition to our Motion for Summary Judgment. Nevertheless, the Court found that the Plaintiff had failed to prove that using the right paint would have prevented Plaintiff’s fall and granted summary judgment on all counts. Read More.
