Nicholas Cardascia Successfully Obtained Summary Judgment Dismissing the Plaintiff’s Complaint Against the Firm’s Retail Client in a Premises Liability Case

Nicholas Cardascia, a partner in the firm’s General, Tort, and Insurance Litigation Department, successfully obtained summary judgment dismissing the plaintiff’s complaint against the firm’s retail client in a premises liability case stemming from a slip and fall on “black ice.” Cullen and Dykman, relying on certified meteorological records and a report from a Forensic Weather Expert, argued that the alleged accident occurred while a winter storm was in progress, and, therefore, its client owed no duty to take remedial action. The Court agreed with the firm’s position, finding that the climatological data and the meteorologist’s report were consistent with the plaintiff’s deposition testimony and photographs taken within 20 minutes of the accident.