Falah v. Stop & Shop Co.
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Jacobson, J.), dated February 7, 2006, as granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.
The plaintiff was three months pregnant when she allegedly slipped and fell on coffee beans on the floor of the defendants’ supermarket. The plaintiff was transported to the hospital after her fall, and on the following day she suffered a miscarriage. The plaintiff thereafter commenced this action seeking damages for the emotional distress she had suffered as a result of the miscarriage. The defendants subsequently moved for summary judgment on the ground, inter alia, that the plaintiff would be unable to prove that the fall was the proximate cause of her miscarriage. In opposition to the motion, the plaintiff submitted the notarized affidavit of a physician in Ohio who averred, based upon his review of the hospital records, that the plaintiffs miscarriage was causally related to her fall. The Supreme Court granted the defendants’ motion for summary judgment, concluding that the plaintiff could not establish that her miscarriage was caused by the fall because the physician’s affidavit was not in proper evidentiary form. We reverse.
As the proponents of a motion for summary judgment, the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.