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Affirming Judgment in Favor of Defendants in Slip and Fall on Snow and Ice Pursuant to Choice of Ways and Assumption of the Risk Doctrine

November 17, 2017
Leah Zenou and John A. Livingood, Jr.
Posted in: General Liability

Video surveillance is often available covering many public places, drastically changing the defense and evaluation of many previously difficult to defend slip and fall cases. In a recent case, Margolis Edelstein defended a shopping center tenant and snow removal company in an alleged slip and fall on snow and ice.  Defendants recorded, preserved and utilized compelling video evidence of the plaintiff attempting to climb over a pile of snow in a parking corral rather than walk along a cleared, snow free driving lane. We presented a Motion for Summary Judgment relying upon the video evidence in the motion which was ultimately granted and sustained on appeal.