Larry Lum (Partner-New York) and Rachel Davis (Of Counsel-White Plains) secured a defense verdict in the Supreme Court of New York, Nassau County, on behalf of Wilson Elser’s client, a major New York Health Care System. The plaintiff in this case claimed she slipped and fell in a bathroom owned by our client, alleging the floor had just been mopped by our client’s employee and was improperly safeguarded while still wet. She further claimed that following the incident, the employee admitted fault, and that other staff she interacted with thereafter acknowledged the floor was wet, although none of these alleged witnesses were produced at trial. 

Larry and Rachel presented the employee who would have mopped the floor around the time of the alleged incident – an 87-year-old environmental services worker with more than 50 years of experience, who denied knowledge of the incident or making any admission. He testified to his strict safety protocol, which included barricading the door with a pole to prevent it from being opened and personally ensuring the floor was dry before moving on to the next area. In their summation, Larry and Rachel stressed our client’s credibility, the plaintiff’s lack of witnesses to support her claim, and inconsistencies in her account (e.g., no recollection of having wet clothing or smelling cleaning products). The jury deliberated just 15 minutes before returning a unanimous defense verdict.