Gordon Rees Scully Mansukhani Partner Michael V. Slivjak and Associate Ashley P. Attinello obtained dismissal with prejudice on all claims against the firm’s client, a retailer offering unique gifts and local treats to patrons of the Atlantic City Boardwalk.
The plaintiff allegedly tripped and fell while walking on the Boardwalk itself. Despite acknowledging that the firm’s client was merely located adjacent to the area where she fell, the plaintiff insisted that the retailer was still liable for the Boardwalk’s condition.
Slivjak and Attinello successfully argued that Atlantic City owns, controls, and has undertaken sole responsibility for maintenance of the Boardwalk, citing binding precedent in the snow/ice removal context and numerous unreported decisions concerning similar trip-and-fall allegations. After oral arguments, the court agreed that the firm’s client did not owe a duty to the plaintiff, who failed to state a claim against the retailer.