• Thank God! Photographs of Tile Support Summary Judgment for A Church.
  • October 9, 2017 | Author: Adam C. Calvert
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - New York Office
  • The plaintiff allegedly tripped and fell over a damaged piece of tile in an interior hallway while exiting a Catholic church. When determining whether a defect is trivial as a matter of law, the court is required to look at all of the facts presented, “including the width, depth, elevation, irregularity and appearance of the defect along with the time, place and circumstance’ of the injury.” The plaintiff’s evidence—photographs, her description of the time, place and circumstance of the injury—established, prima facie, “that the alleged defect was trivial as a matter of law, and therefore, not actionable.” “In opposition, the plaintiff failed to raise a triable issue of fact.”