In a decision dated March 26, 2013, Justice Larry D. Martin granted defendant plumbing contractor TF Plumbing and Heating Contractor’s (“TF Plumbing”) motion for summary judgment dismissing the plaintiff’s complaint against it. The plaintiff sought damages for personal injuries allegedly sustained when she slipped and fell on water in an aisle of a Western Beef Supermarket. Plaintiff sued TF Plumbing on the theory that its negligent plumbing work caused the hazardous condition. Certain testimony and evidence indicated that TF Plumbing performed sprinkler installation at the supermarket prior to the plaintiff’s accident. However, the Court found that TF Plumbing had established its entitlement to summary judgment by submitting testimony and evidence which showed that it did not perform work near the location of the accident.
Shanon v. Elmont Q Properties, Inc. et al., Index No.: 26284/09 (Kings Co. Sup. Ct., March 26, 2013)