Goldberg Segalla’s Gavin C. Fields, a partner based in the firm’s Garden City office, obtained summary judgment on behalf of a major retail store in a premises liability matter.

The plaintiff alleged that she suffered serious foot injuries after an in-store display collapsed while she was examining it. According to her account, the display consisted of multiple composite panels framed by metal ends, and after observing it for several minutes, she touched the structure, causing it to fall onto her feet.

Despite the injuries, which required surgery on one of her feet, Gavin had to navigate what he viewed as an excessive settlement demand. Gavin did not offer the plaintiff anything and instead focused on building a record that demonstrated the absence of any negligence by our client.

From the outset, Gavin’s strategy centered on disproving two elements of the plaintiff’s claim: 1) that our client created a dangerous condition, and 2) that our client had notice of a potentially dangerous condition. Through early and thorough investigation, Gavin interviewed all store personnel involved in the incident, including the responding manager, department supervisor, and a cashier. Each witness consistently confirmed that there had been no prior complaints or reports of known issues with the display.

We reinforced this testimony with documentary evidence showing that the display had been in place for approximately two months without incident, despite regular customer interaction. Records further established that the store had been inspected on the day of the accident.

Depositions proved equally effective. During her testimony, the plaintiff acknowledged that she had touched the display before it collapsed and had no prior knowledge of any issues. This admission undermined any argument that the alleged hazard was visible or discoverable by our client before the incident.

Armed with a consistent factual record and a lack of evidence supporting notice or creation of a hazardous condition, Gavin moved for summary judgment. The court agreed, finding the plaintiff failed to establish a case of negligence. In particular, the absence of prior complaints, combined with inspection records and deposition testimony, demonstrated that our client neither created nor had notice of any alleged problem with the display.

The court’s decision resulted in complete dismissal of the case. By pursuing a disciplined litigation strategy rather than engaging in costly settlement negotiations, especially with what we deemed to be an outrageous settlement demand, our team avoided prolonged discovery and the uncertainty of trial.

Gavin C. Fields focuses his practice on counseling and defending a variety of businesses, including major trucking and logistics companies, in motor vehicle- and trucking-related personal injury claims, as well as premises liability and New York State Labor Law claims, from inception through trial. He is experienced in all phases and aspects of discovery, mediations, arbitrations, appellate briefings, and working with insured clients and insurance carriers to coordinate defense strategy.