Associate Kaitlyn McGuire Secures Dismissal in Alleged Sidewalk Defect Case

Associate Kaitlyn McGuire has successfully obtained summary judgment in a personal injury action involving the firm’s retail client.

The plaintiff claimed that he sustained a fractured wrist after tripping and falling over a broken piece of concrete on a sidewalk on the premises. In moving for summary judgment, Kaitlyn demonstrated that no actionable defect existed, as photographs of the sidewalk show no discernible defect and the plaintiff testified that he "threw away" the piece of concrete over which he allegedly fell.

The Court agreed, finding that the plaintiff failed to provide evidence of a dangerous or defective condition on the sidewalk. The Court also determined that the property owner was not responsible for maintaining or repairing the sidewalk, as those duties belonged to the tenant. As a result, the Court granted summary judgment in favor of our client and dismissed the case in its entirety.

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 LLP

Cullen and Dykman LLP is a full-service law firm that clients have trusted to deliver top-tier, cost-effective legal services since 1850. With nearly 200 attorneys in eight offices, the firm serves clients across the Eastern United States and is strategically positioned to meet their changing needs and demands.