Associates Kelsey Gittler and Erin Masterson Obtain Dismissal in Major Retail Store Trip and Fall Case

Associates Erin Masterson and Kelsey Gittler have successfully obtained summary judgment on behalf of our firm’s retail client, securing dismissal of all plaintiff claims.

The plaintiff alleged that he suffered knee and back injuries after tripping and falling in a damaged area of the parking lot outside the store. He claimed that our client had a duty to maintain the portion of the lot where the accident occurred.

The Court rejected these arguments, upholding that our client did not own, operate, control, or make special use of the parking lot, and therefore owed no duty to the plaintiff regarding the condition of that area. Based on these findings, the Court granted the motion to dismiss in full and dismissed all claims against the firm's major retail client. 

The dismissal on summary judgment was prepared by Associate Erin Masterson and argued by Associate Kelsey Gittler in the General Liability, Tort and Insurance Defense group. 

About Cullen and Dykman

Cullen and Dykman (www.cullenllp.com) 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.