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Segal McCambridge's legal team, led by Shareholder Carla Varriale-Barker, secured a favorable outcome by obtaining summary judgment for an out-of-possession landowner in a negligence lawsuit related to an alleged accident at a residential apartment building in Nassau County.
The co-defendant, who managed the premises under a property management agreement (PMA), had hired vendors to handle tasks such as interior cleaning. At the time of the alleged incident, the plaintiff was employed by one of these vendors to perform cleaning duties within the building.
The plaintiff claimed he slipped and fell on water of unknown origin while descending a staircase from the third floor to the second floor during his routine afternoon inspection. However, his testimony was inconsistent—he initially stated that he did not see any hoses in the stairwell but later contradicted himself by saying he did. He was also unable to identify the type of liquid on which he allegedly slipped.
Our team successfully argued that the property owner did not owe or breach any duty of care. By referencing the PMA, we demonstrated that the responsibility for cleaning, maintenance, and inspection was assigned to the co-defendant.
The Court agreed, ruling that the plaintiff could not recover damages for negligence when the condition causing the injury was one that he had been hired to address. Additionally, the PMA clearly transferred maintenance and repair duties to the co-defendant. As an out-of-possession owner, our client did not retain control over the building and was not contractually required to maintain or repair the alleged hazard. Therefore, our client neither created nor had notice of the condition in question.
This outcome highlights Segal McCambridge's ability to effectively represent clients in complex premises liability litigation matters.
