Fourth Department — Slip and Fall: Savage v. Anderson’s Frozen Custard Inc., et al.

Appellate Division, Fourth Department

Slip and Fall

Defect

Savage v. Anderson’s Frozen Custard Inc., et al.
CA 12-00307
Appealed from Supreme Court, Erie County

Background: The plaintiff commenced an action seeking damages for injuries she sustained after a chair slid out from beneath her at the defendant restaurant. She was able to sit on the chair without further incident, but later went to the hospital for treatment on back and shoulder.  The defendant moved to dismiss the complaint and was denied.

Ruling: The Appellate Division reversed. The court found that the defendant established that the accident was not attributable to a defect in the chair or the concrete floor. The defendant presented testimony that since the sealing of the concrete floor nearly 7,000 patrons visited the restaurant without incident. Further, the plaintiff failed to raise a triable issue of fact as its only evidence were letters from insurers, which constituted hearsay.

Lisa L. Gokhulsingh of Goldberg Segalla for the defendant-appellant; Melissa A. Stadler of the Stamm Law Firm for the plaintiff-respondent