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Evidence Required to Link Alleged Defect With Accident

February 26, 2009

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In Bishop v. Marsh, plaintiff commenced an action in a trip and fall case to recover damages. The Supreme Court, Suffolk County granted a motion for summary judgment to the defense and plaintiff appealed. The Appellate Division Second Department affirmed the decision holding that while plaintiff testified that the lighting at the location of her fall was inadequate at the time of her fall, plaintiff failed to testify in her deposition or claim in her answer to summary judgment motion that she tripped because of the poor lighting. In essence, plaintiff neglected to match the cause with the effect and in doing so failed to raise a triable issue of fact.
Thanks to Michael Monteith for his contribution to this post.
<a href="http://www.nycourts.gov/reporter/3dseries/2009/2009_01075.htm">http://www.nycourts.gov/reporter/3dseries/2009/2009_01075.htm</a>

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