Summary Judgment- Kings County

Sikorski v. River Manor Care Center et. al.
In Sikorski, plaintiff, a delivery man, alleged to have slipped and fallen on a foreign substance located in close proximity to a garbage compactor owned and serviced by our client Allied Waste Industries. The compactor was located on the property owned by co-defendant River Manor. Plaintiff contended that the substance came from the compactor which was leaking. As a result of the fall, plaintiff sustained a back injury requiring multiple surgeries and is no longer able to work.

At the close of discovery, Peter Lopalo moved for summary judgment arguing that plaintiff was unable to demonstrate that the substance came from the compactor or that our client had any notice of a problem with the compactor. He also argued that he responsibiltiy for the area where plaintiff fell belonged to the owner, River Manor. Judge Larry Martin agreed and granted the motion and dismissed the case against our client.