Nicholas M. Cardascia and Ryan Spitz Successfully Obtained Summary Judgment Dismissing Plaintiff’s Complaint Against the Firm’s Retail Client
January 6, 2025Attorneys Nicholas M. Cardascia and Ryan Spitz, in the firm’s General Liability, Tort and Insurance Defense department, successfully obtained summary judgment dismissing the plaintiff’s complaint against the firm's retail client in a premises liability case that was on the verge of trial with a settlement demand of $750,000.
The plaintiff alleged that she sustained personal injuries when she tripped and fell over a U-Boat in the frozen food section of a grocery store. Cullen and Dykman argued that the U-Boat was open and obvious and that there was no inherently dangerous condition that required a warning. Relying on surveillance video, the firm proved that the U-Boat was in place before plaintiff fell, that the end racks of the U-Boat were high and red, and that there were boxes stacked on the base of the U-Boat. In addition, video evidence showed that plaintiff saw the U-Boat before her accident and fell while trying to step over it. The Court agreed with Cullen and Dykman's argument and granted summary judgment dismissing the plaintiff's complaint.
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 (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.