New York, New York
Associate Lora H. Gleicher obtained a defense verdict in a Queens County, NY jury trial. In Brazile v. Pioneer Cleaning Maintenance Services, et al., the plaintiff allegedly slipped and fell as she was stepping over an eight-inch pile of snow on a sidewalk outside of The Bristal Assisted Living Center. Plaintiff claimed that our client, Executive Snow, negligently plowed snow from the parking lot onto the sidewalk and thereby caused the allegedly hazardous condition that caused the fall.
At trial, we focused on the accuracy of plaintiff’s version of the accident. We capitalized on plaintiff’s testimony that she did not personally observe a snowplow pushing snow onto the sidewalk where she fell, but rather assumed this must have happened. We also focused on the fact that plaintiff’s testimony was that the snow pile was eight inches high, when weather records only evidenced a ½ inch of snow on the day in question.
We further argued that that there was no evidence that our client had negligently performed its work. In this regard, we emphasized that The Bristal Assisted Living Center had signed off on our client’s work as satisfactory after it was completed.
After getting the case, a Queens jury deliberated for a little over an hour. The jury agreed with our theory of the case and granted us a defense verdict.