Fullerton Beck attorney Heather Julien prevailed in a premises liability case in Dutchess County Supreme Court involving a plaintiff who claimed he injured his shoulder from slipping and falling on a patch of ice in the parking area of his Poughkeepsie apartment building. The plaintiff alleged that the icy patch had been there for some time and that the building neglected to clean it up. In addition, the plaintiff also asserted claims about the lack of general upkeep of the building and the continued unresponsiveness of the property managers leading to a half-million-dollar demand prior to motion practice.
As counsel to the apartment building, Heather uncovered key inconsistencies and inaccuracies in the plaintiffs’ claims through her aggressive approach to discovery. She further strengthened the defense of this case by identifying critical experts, such as meteorologists, to support her findings that on the day of the fall, there was a snowstorm from 9:00 a.m. to 11:00 p.m. that closed all local-area schools. While the plaintiff and his expert disputed such findings, Heather was able to articulate a winning argument so as to avoid a “battle of experts” which ordinarily defeats a motion for summary judgment. Additionally, Heather demonstrated to the court that the building did not create or worsen the conditions that caused the fall. The court granted the firm’s motion to dismiss.