Ari R. Lieberman, an associate Louis Grandelli, P.C., recently won a precedent-setting appeal in Lalla v. State of New York, further expanding a plaintiff’s right to recover in slip and fall cases. The plaintiff, Nicole Lalla, slipped and fell due to a snow and ice condition at the College of Staten Island. The evidence submitted at trial demonstrated that the snowfall had stopped during the night prior to the accident, and that steps leading to a building had not been cleared of snow and ice.
The evidence further showed that Ms. Lalla was left with no alternative cleared route to travel safely to her class. Despite this evidence, at trial, the judge determined that the College of Staten Island was not negligent in the happening of the accident. Mr. Lieberman, submitted the brief to the Appellate Division, Second Department, arguing that the trial court’s determination should be reversed as a matter of law.
The appellate panel reversed the trial court’s determination and found that the College of Staten Island should have removed the snow and ice from the stairway, and were, therefore, negligent. Significantly, the Second Department found that the plaintiff was not negligent at all in the happening of the accident, since she was not provided an alternate safe route. If you or someone you know has been injured in a slip and fall accident, contact Louis Grandelli, P.C.
