FOR IMMEDIATE RELEASE
September 15, 2021
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB’S MOTION FOR SUMMARY JUDGMENT GRANTED
Slip and Fall
NEW YORK CITY ― Quintairos, Prieto, Wood & Boyer, P.A., attorneys Tanya M. Branch and Alexander M. Shindler received a summary judgment on behalf of their client, the City of New York, Roosevelt Island Operating Corporation of the State of New York and Roosevelt Island Associates. The Plaintiff, Ramon Pabon, commenced the instant action to recover for injuries he allegedly sustained when he tripped and fell on a cracked curb while exiting a commuter bus on Roosevelt Island, New York. Defendants sought summary judgment on the cause of action premised on the alighting passenger doctrine, claiming that Roosevelt Island Operating Corporation, provided the plaintiff with a safe place to alight.
The defendants’ motion was sufficient to make a prima facie showing that the alleged defect was too trivial to be actionable. Additionally, plaintiff’s testimony is devoid of any evidence that plaintiff was discharged at an unsafe location or that the discharge location was anywhere other than a designated bus stop.
Moreover, plaintiff established that he had frequented the same bus stop three to five times a week and that he had never seen the condition that he claims caused his accident. The bus driver and building property manager stated that prior to the accident they did not observe any holes or cracks on the curb by the bus stop.
Therefore, the defendants’ motion for summary judgment was granted and the complaint was dismissed.
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Tanya M. Branch is the Managing Partner of the New York City office. She represents contractors, subcontractors and municipalities in claims involving personal injury, property damage and construction accidents. Her practice focuses on complex general liability and the representation of insurers and insureds in commercial general liability claims and all other aspects of personal injury litigation. She received her law degree from Touro College Fuchsberg Law Center in 1994 and is admitted to practice in New York and the U.S. District Courts for the Eastern and Southern Districts of New York.
Alexander M. Shindler is an associate in the New York and New Jersey offices. His practice focuses on premises liability, dram shop, property damage, construction defect claims, negligent security, partnership disputes, medical malpractice defense, police misconduct, and claims that arise under the Civil Rights Act Section 1983. In these areas, he represents individual and corporate clients, insurance companies, real estate property owners and developers, contractors and subcontractors, architects, engineers, physicians and their insurers. Mr. Shindler’s practice also encompasses analyzing contracts and insurance policies to provide coverage opinions and negotiate risk transfers. He received his law degree from Pace University School of Law in 2009 and is licensed to practice law in New York, New Jersey, Connecticut and the District of Columbia.
Quintairos, Prieto, Wood & Boyer, P.A. is the largest minority and women owned law firm in the nation with more than 380 lawyers serving clients from 27 offices in the United States and abroad. Our lawyers provide representation in litigation, business, real estate and governmental law.