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Fourth Department — Slip and Fall: Dixon v. Superior Discounts and Custom Muffler
Daily Record Staff//July 14, 2014//
Fourth Department — Slip and Fall: Dixon v. Superior Discounts and Custom Muffler
Daily Record Staff//July 14, 2014//
Appellate Division, Fourth Department
Speculative Cause
Dixon v. Superior Discounts and Custom Muffler
CA 13-00871
Appealed from Supreme Court, Onondaga County
Background: The plaintiffs commenced an action after the plaintiff was injured from a slip and fall while leaving the defendant’s motor vehicle repair shop. The plaintiff was unable to identify the cause of her fall and the court dismissed her complaint.
Ruling: The Appellate Division reversed. The court held that the defendants failed to establish that the cause of the plaintiff’s fall was speculative. The plaintiff testified that she fell in the immediate vicinity of an elevation differential in the pavement, thereby rendering any other potential cause of her fall sufficiently remote or technical to enable a jury to reach a verdict based not on speculation, but upon the logical inferences to be drawn from the evidence.
John A. Cirando for the plaintiffs-appellants; John D. Goldman of Smith, Sovik, Kendrick & Sugnet for the defendants-respondents
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