Bournias v. FC Steinway Street Associates
In Bournias, the plaintiff alleged that he slipped and fell on a large patch of black ice in a parking lot to a United Artists movie theatre, sustaining injuries to his lower back, neck, shoulder and hand. Our client, Executive Snow Control, was the snow and ice removal contractor for the parking lot. Plaintiff alleged that our client was neglgient in its failure to adequately remove snow and ice from the parking lot and its failure to the monitor the lot after the removal.
Peter Lopalo moved for summary judgment arguing that our client did not owe the plaintiff a duty of care citing to the seminal case of Espinal v. Melville Snow Contractors. Mr. Lopalo argued the facts of the case did not reveal that our client took actions that “launched a force or instrument of harm”, that plaintiff detrimentally relied upon our client to perform its duties, or that our client entirely displaced the parking lot owner in their duty to maintain the lot. The Court agreed and granted our client summary judgment.