Summary Judgment -Westchester County

Compton v. Broadview Petroleum
In Compton v. Broadview Petroleum, plaintiff injuried his eyes when a glass window pane fell from a raised garage door and shattered near him as he was working on a car at an oil change shop. Plaintiff sued the property owner, Broadview, as well as his employer, High Line Lube, alleging negligent ownership, maintenance, inspection and repair of the subject garage door.

At the close of discovery, Wendy Jennings moved for summary judgment arguing that Broadview was an out of possession landlord with no duty to maintain or inspect the premises. As to High Line, Ms. Jennings asserted that, as this entity was plaintiff’s employer from which he had received workers compensation benefits as a result of the incident, the personal injury action was barred as a matter of law. The Court agreed and the motion was granted and the case was dismissed against our clients.