Premises Liability
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Case Details
The plaintiff alleged a slip and fall on a condition that he claimed was present over a period of time and that the retailer defendant had failed to remedy the condition.
Additional Notes
Plaintiff lacked clear and contemporaneous proofs but attempted to create a dispute of fact based on purported evidence spoliation. Firm successfully argued that the plaintiff failed to meet his burden to establish spoliation and had failed to adduce sufficient evidence of notice. Summary judgment was granted in favor of our retail client, and it was upheld on a subsequent motion for reconsideration.