Taranto Secures Order for Summary Judgment

Damian Taranto secured an Order granting summary judgment on behalf of multiple defendants, property owner and leasee, in an alleged slip-and-fall incident in Lehigh County. Plaintiff’s Complaint alleged that she was a business invitee and was injured as a result of improper and/or untimely snow and ice removal services at the business location.

As a result of the alleged incident, Plaintiff underwent an arthroscopic surgery on her left wrist and complained of various other neck and back injuries. During the discovery process defense counsel were able to demonstrate the inconsistencies between Plaintiff’s version of events, notations related to the cause of the incident in medical records, and statements that Plaintiff made to her employer during the post-incident investigation about the mechanism of injury.

At the close of discovery, Taranto filed a Motion for Summary Judgement on the grounds that defendants did not breach any duty owed to the Plaintiff; the condition on which Plaintiff fell did not constitute “hills and ridges”; defendants had no actual or constructive notice of the condition nor failed to reasonably attend to the subject parking lot area; and plaintiff failed to establish a prima facie case of negligence as she did not produced any expert opinions that any alleged negligence on the part of the defendants caused her injuries and/or increased the risk of harm to her.

The Court granted defendants’ motion in its entirety and dismissed Plaintiff’s Complaint with prejudice.