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Personal Injury Suit Dismissed Against Hotel For Failure To Provide Expert Evidence Of Liability

February 11, 2022

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<p style="text-align: justify;">In <em><a href="https://www.wcmlaw.com/wp-content/uploads/2022/02/Feuerman-v.-Marriott.pdf">Feuerman v. Marriott</a>,</em> the Court dismissed Plaintiff’s trip and fall complaint against the hotel.  Plaintiff claimed the bathroom contained an inoperable and inadequate lighting fixture. After discovery had been completed, defendants moved for summary judgment dismissing the complaint and submitted an expert report averring that the lighting complied with all applicable statutes and that the design of the switch locations provided easy access on entry or exit of the bathroom. Plaintiff’s opposition was inadequate merely averring that the design guides for defendant facilities require the installation of lighted switches in the foyer and bathroom in each of their rooms.</p>
<p style="text-align: justify;">In deciding the summary judgment motion, the court found that defendants' expert's opinion that "defendants were not obligated to provide an illuminated light switch in the bathroom where decedent was injured" established defendants' prima facie entitlement to summary judgment. The court concluded plaintiff’s opposition provided no credible evidence of probative value.  This Court properly utilized the evidentiary standards required when parties are finished with discovery. A plaintiff must submit credible evidence of liability, especially in instances where expert testimony is required.  Plaintiffs are forewarned that failure to bring your case to court will result in dismissal.</p>
<p style="text-align: justify;">Should you have any questions, please feel free to contact <a href="mailto:tbracken@wcmlaw.com">Tom Bracken</a>.</p>

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