Insurance Coverage / Bad Faith Team Obtains Dismissal in Premises Liability Suit

Our Insurance Coverage / Bad Faith team recently obtained summary judgment and the full dismissal of a negligence claim against our client, the owner and out-of-possession landlord of the commercial property where the accident was alleged to have occurred. In the course of his job duties, one of the plaintiffs allegedly sustained severe injuries to his shoulder after he attempted to maneuver over pallets blocking a walkway and the pallets shifted, leading him to trip and fall. His injuries required surgical intervention. Plaintiffs thereby sued our client, who was represented by New York office Managing Partner Jeanette L. Dixon, Partner Jamie N. Burke, and Associate Preston S. Scherr.

The Queens County Supreme Court found that our client owed no duty to maintain the premises pursuant to the lease agreement with the tenant and that it had no notice of the alleged dangerous condition. The affirmation submitted by our client’s property manager was critical in establishing the requisite prime facie showing of entitlement to summary judgment, shifting the burden to plaintiffs to raise a triable issue of fact.

In their opposition, plaintiffs failed to include any affidavit or affirmation from either Plaintiff, or any other person having personal knowledge of the facts of the alleged accident. Instead, plaintiffs submitted only an attorney affirmation, which the Court determined lacked evidentiary value and was thus insufficient to defeat summary judgment. The Court granted our motion and dismissed the complaint in its entirety.

About Our Team

Jeanette L. Dixon is the national leader of the Insurance Coverage / Bad Faith team and one of the founding partners of the New York office. She developed an expertise in insurance coverage early in her career and is nationally regarded as one of the leading experts in insurance coverage/bad faith law. Ms. Dixon was named the 2020 New York State Attorney of the Year and a Lawyer of Distinction within the area of Insurance Coverage in 2019. 

Jamie N. Burke is a member of the Insurance Coverage / Bad Faith team. She has a long track record of successfully representing insurance underwriters, mortgage loan servicers, and other financial institutions in commercial, consumer, real estate, and insurance coverage matters. She also served as Vice President and in-house counsel of a Fortune 500 insurance company.

Preston S. Scherr is a member of the Insurance Coverage / Bad Faith and Appellate Law (Strategy, Writs, & Appeals) teams. Before joining Manning Kass, Mr. Scherr worked at an AM100 law firm, where he represented clients in state and federal court litigation, as well as in alternative dispute resolution.