Michelle Withers v Kathryn Roblee
Attorneys and Parties
Brief Summary
Premises liability (slip-and-fall) and the evidentiary burden on summary judgment when a plaintiff cannot pinpoint the precise cause of a fall.
Granted defendant’s motion for summary judgment dismissing the complaint based on plaintiff’s inability to identify the exact cause of her fall.
The order granting summary judgment and dismissing the complaint.
Defendant failed to meet her prima facie burden because plaintiff’s deposition, together with the bill of particulars identifying a mis-leveled concrete slab at the garage entry, provided circumstantial evidence from which a jury could reasonably infer causation; defendant also failed to address the unsafe condition alleged in the bill of particulars.
Background
Plaintiff alleged she fell at defendant’s residence when her heel was caught by a mis-leveled concrete slab located on the owner’s side of the garage. She testified she was walking backward from the gravel driveway into the garage, fell in the immediate vicinity of the garage entry, and landed inside the garage, though she could not specify precisely what caught her heel.
Lower Court Decision
The Supreme Court, Genesee County, granted defendant’s motion for summary judgment, concluding plaintiff could not identify the cause of her fall and that causation would be speculative.
Appellate Division Reversal
The Appellate Division unanimously reversed, denied defendant’s motion, and reinstated the complaint. Viewing the record in the light most favorable to plaintiff, the court held the combination of plaintiff’s testimony about where and how she fell and the bill of particulars identifying a mis-leveled concrete slab permitted a non-speculative inference of causation, rendering other possible causes remote. The defendant also failed to address the specific unsafe condition alleged, and thus did not meet the initial burden on summary judgment.
Legal Significance
Reaffirms that in premises liability cases, a plaintiff’s inability to name the exact instrumentality of a fall is not fatal where circumstantial evidence and pleaded allegations allow a reasonable inference of causation. Defendants moving for summary judgment must specifically address and negate unsafe-condition allegations in the bill of particulars rather than rely solely on plaintiff’s uncertain testimony.
A slip-and-fall plaintiff can defeat summary judgment with coherent circumstantial evidence linking a specific hazardous condition and the location of the fall; defendants must rebut those specific allegations, not just point to plaintiff’s lack of precise identification.