Courtroom Success 2017-32: Morrison Mahoney Partner Ralph Sullivan

Morrison Mahoney Partner Ralph Sullivan  recently prevailed in a summary judgment motion, which was decided by the Norfolk Superior Court. The plaintiff claimed that she fractured her right fibula and tibula, as the result of a fall on snow-covered ice on the public sidewalk in front of our client’s restaurant in Canton. Medical expenses were claimed in excess of $71,000. The plaintiff contended that the insured negligently removed snow and ice from the sidewalk in front of its restaurant, thereby resulting in the plaintiff’s injury. The defendant’s manager did not dispute that the plaintiff’s injury would likely not have occurred had he salted the walkway where the plaintiff fell. However, the judge entered summary judgment in favor of our client based upon a line of cases which have held that an adjacent property owner owes no duty to remove snow and ice from the public sidewalk, and is only obligated to refrain from causing or creating dangerous conditions which cause injury to passersby.