Summary Judgment Obtained in Warren County
Attorney Decker was recently successful in obtaining summary judgment in a premises liability case in Warren County. The defendant, a snow plowing contractor, contested liability for the plaintff's fractured ankle, arguing that the fall occurred on private property during an ongoing snow event. Further, the defendant could not plow in the area of the accident as it was blocked by heavy equipment. The judge noted that any dispute as to the exact nature of the snow removal contract was immaterial since the suit alleged negligence, not breach of contract, and there was no dispute that the area was covered in 5 to 6 inches of fresh snowfall.