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Andria Simone Kelly Successfully Obtained Summary Judgement Dismissing the Plaintiff’s Complaint Against the Firm’s Retail Client

August 9, 2023

Andria Simone Kelly, a partner in the firm’s General Liability, Tort and Insurance Defense Department, successfully obtained summary judgment dismissing the Plaintiff’s Complaint against the firm’s client, a retail establishment, as it did not create the alleged dangerous condition or have actual or constructive notice of same.

The Plaintiff-customer claimed that she slipped and fell on vomit that was allegedly on the floor in front of the deli counter. The Defendant established that it did not create the condition and that it had inspected the location ten minutes before the accident and did not observe anything on the floor. In opposition, the Plaintiff argued the slime condition was reoccurring based on alleged representations made by deli employees. She submitted an Affidavit in further opposition to the motion.

The Court found that the Defendant  established a prima facie entitlement to summary judgment as it did not create the condition or have notice of same. The Plaintiff failed to raise a triable of issue of fact. The Court concluded that the evidence presented by the plaintiff regarding the reoccurring condition was speculative and conclusory and the Affidavit was submitted for the purpose of raising a feigned factual issue to avoid the consequences of plaintiff’s prior deposition testimony.

About Cullen and Dykman’s General Liability, Tort and Insurance Defense Department

Our litigation attorneys represent individuals and corporations in general liability, tort and insurance defense matters ranging from personal injury and insurance coverage disputes to large-scale commercial litigation. Clients frequently engage our litigators to act as trial counsel in high-exposure cases, and we have extensive experience in appellate litigation involving liability and insurance matters.

About Cullen and Dykman

Cullen and Dykman ( has been providing legal services to institutional clients since 1850. The firm represents a wide range of clients, including banks and other financial institutions, energy, telecommunications and water companies, construction companies, insurers, educational institutions, religious organizations, and not-for-profits. With over 190 attorneys in seven offices located throughout the Northeast and Mid Atlantic regions, Cullen and Dykman is strategically positioned to meet the changing needs and demands of our clients.

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