FKB’s Andrew S. Kowlowitz, David B. Steinbruck, and Emily DePaola successfully obtained summary judgment on behalf of their clients, in connection with a trip and fall accident.

Plaintiff alleged that defendants negligently maintained a gas station, causing Plaintiff to trip and sustain several serious injuries and undergo extensive medical treatment, including a cervical fusion surgery.

On summary judgment, FKB relied upon well-established caselaw to demonstrate that FKB’s clients owed no duty to Plaintiff. As the companies that simply manufacture the fuel sold in the subject gas station, FKB argued its clients had no role in the operation, control, maintenance, or inspection of the subject premises. Further, FKB argued that pursuant to purchase agreements, the non-party gasoline vendor was responsible for ensuring locations where the fuel was to be sold was properly maintained.

The Hon. Karina E. Alomar (Queens County, Supreme Court) agreed with FKB’s arguments that FKB’s clients had no control over the property and thus owed no duty to Plaintiff, dismissing all claims against FKB’s client.

If you have any questions about this decision or the defense of premises or negligence actions, please contact Andrew S. Kowlowitz, David B. Steinbruck, or Emily DePaola.