Gordon Rees Scully Mansukhani Partner Michael V. Slivjak and Associate John M. Russell obtained summary judgment on all claims against the firm’s client, the owner and former resident of a multi-family dwelling in Jersey City, New Jersey.
The plaintiff allegedly tripped and fell on the public sidewalk in front of the dwelling, identifying an area of broken and deteriorated concrete. In discovery, the plaintiff produced an expert report criticizing the concrete and asserting that the condition clearly existed during the client’s ownership and residency at the dwelling. However, the plaintiff and her expert failed to obtain proof of when and how that condition was created.
Slivjak and Russell filed a Motion for Summary Judgment, arguing that the client had no duty to repair the concrete under the facts and could not be liable for a sidewalk condition that apparently predated his ownership. The plaintiff filed opposition, relying in part on dicta contained within commercial property cases. At oral argument, Russell clarified both the law and the timeline of the record evidence, additionally advocating that the court should disregard the plaintiff’s untimely speculation concerning municipal records for the dwelling.
The court ultimately agreed, finding no evidence that the client negligently constructed or repaired the sidewalk, used the dwelling or sidewalk in an unsafe manner, or otherwise caused the concrete condition through construction or installation. As a result, the court dismissed all claims against the client with prejudice.