Wood Smith Henning & Berman is proud to share a significant win in Kings County Supreme Court, New York, where the court granted summary judgment and dismissed all claims against the property owner client based on the "trivial defect" doctrine. Senior Associate Colin Brucia secured the dismissal by marshalling compelling expert testimony and exposing fatal deficiencies in the plaintiff's evidentiary showing.
The plaintiff alleged substantial injuries including knee, shoulder, lumbar, and cervical spine resulting in two knee arthroscopies, a shoulder arthroscopy, multiple disc bulges and herniations, and alleged future surgical needs all stemming from an alleged trip-and-fall on a sidewalk adjacent to the client's property.
During deposition, plaintiff identified a specific sidewalk irregularity near the property line shared with the neighboring premises. A thorough investigation, including photos provided by plaintiff and new inspections conducted by the defense expert, revealed that the only condition plaintiff identified was demonstrably less than one-half inch at the point relevant to her travel path. The expert, highly educated in mechanical and materials engineering as well as physics and mechanical engineering, provided a detailed affidavit explaining why the condition was trivial and not a proximate cause of the alleged injuries.
"This was a textbook example of how careful investigation, the critical scientific perspective provided by our expert , and strategic lawyering come together," explained Brucia. "By focusing the Court's attention on the precise defect plaintiff identified and demonstrating its triviality through our expert’s engineering and biomechanical analysis, we were able to dismantle the plaintiff's theory and secure dismissal for our client."
In opposition, plaintiff submitted additional photographs and a bare-bones affirmation from an investigator lacking any relevant qualifications. The affidavit attempted to critique the expert's findings but failed to offer any actual expert opinion. The plaintiff's photos were also angled to inflate apparent height differential and included measurements from outside the plaintiff's stated path of travel.
The defense successfully exposed these shortcomings and cited case law establishing that competent expert evidence must be rebutted by equally competent expert testimony to raise a triable issue of fact. Because plaintiff failed to identify the correct portion of the sidewalk at deposition, and produced no expert evidence in opposition, the Court found the defect trivial as a matter of law and granted summary judgment.
"We are incredibly proud of Colin for achieving this excellent result," said New York office Co-Managing Partner James Tyrie. "His command of the evidentiary record, effective handling of expert testimony, and unwavering commitment to precision advocacy made all the difference. This dismissal reflects the firm's dedication to protecting our clients through disciplined, fact-driven litigation."
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