Partner Andria Simone Kelly and Associate Kaitlyn McGuire Secure Summary Judgment Dismissing Claims Against Out-of-Possession Landlord Client
June 12, 2026Partner Andria Simone Kelly and associate Kaitlyn McGuire successfully obtained summary judgment, dismissing the plaintiff’s lawsuit arising out of an alleged slip-and-fall accident at a fitness facility.
The plaintiff claimed she was injured after slipping on a wet staircase while leaving the gym. The motion established that our client was an out-of-possession landlord and was not responsible for maintaining, repairing, or operating the area where the accident occurred pursuant to the terms of the Lease.
The defense also demonstrated that the alleged condition was a temporary maintenance issue, not a structural defect, and that there was no basis for imposing liability on the landlord.
Kaitlyn McGuire argued the motion, and the Court agreed that our client was entitled to judgment as a matter of law and that the plaintiff failed to raise any triable issues of fact. As a result, the complaint was dismissed in its entirety against our client.
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.