Gordon Rees Scully Mansukhani Partner Michael V. Slivjak and Associate John M. Russell obtained summary judgment on all claims against the firm’s client, a paving contractor providing off-season snow and ice removal services in Passaic County, New Jersey.
The plaintiff, a car dealership employee, allegedly slipped and fell in a parking lot on her way into work. Despite acknowledging the incident took place during a major ongoing snowstorm, triggering New Jersey’s Ongoing Storm Doctrine, the plaintiff insisted that the paving contractor was still liable. Notably, the paving contractor had performed some plowing and salting services several hours before dawn.
Nevertheless, Slivjak and Russell argued that the law requires more, i.e. evidence of “unusual circumstances” where the paving contractor exacerbated the risk of an accident. After oral arguments, the court agreed, dismissing all claims against the paving contractor with prejudice.