Morrison Mahoney Partner Jessica Savino recently obtained summary judgment in favor of West Roxbury commercial property owners in a snow and ice fall down case.

Plaintiff alleged that she sustained a serious ankle fracture and incurred medical expenses in excess of $180,000 as a result the fall, which allegedly occurred because the sidewalk in front of the defendant’s business condominium had neither been shoveled nor treated before she fell.

Judge Robert Ullmann allowed our summary judgment motion based upon an argument that it is “well-settled law” that a property owner owes no duty to pedestrians, via common law or statute, to keep public sidewalks clear of snow and ice.

Judge Ullmann agreed with our position that there was no evidence from which a rationale fact finder could conclude that any of the defendants (including the co-defendant snow removal contractor) did anything to contribute to an unsafe condition before the plaintiff’s fall, and thus there could be no finding of negligence. Judge Ullmann disregarded the plaintiff’s argument that the property owner’s leases with their commercial tenants created a duty to the plaintiff, along with the hiring of a snow removal contractor to perform said services. As such, “under clearly established SJC and Appeals Court Law,” the defendant property owners have no liability to the plaintiff.

Plaintiff’s counsel worked to prolong the case at the Suffolk Superior Court through motion practice, including two motions for sanctions that were served primarily for the purpose of derailing Jessi’s efforts to obtain summary judgment. However, both motions for sanctions were withdrawn by plaintiff’s counsel when they realized that they would not likely be allowed by the court. Plaintiff’s counsel also sent a lengthy Chapter 93A/176D demand letter to our client’s insurer.

Accordingly, Jessi’s considerable tenacity resulted in judgment in favor of the defendant property owners in a case with a significant exposure.