Ryan Spitz Successfully Obtained Summary Judgment Dismissing Plaintiff’s Complaint Against the Firm’s Retail Client

Attorney 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. The plaintiff alleged that she was caused to trip and fall due to a "defective, dangerous, dilapidated, uneven, broken, raised, etc. section of the sidewalk/tree well" on the sidewalk. Cullen and Dykman argued that its client did not have a duty to the plaintiff for the alleged occurrence as it did not own, operate or maintain the tree well where the accident occurred nor were held responsible under the city code for tree-wells adjacent to their building. Relying on the lease agreement and the demised premises, the firm proved that its client did not have any contractual duty or obligation to maintain and repair the tree well. 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.