Trosa v. Di Cristo
Opinion of the Court
The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained when he fell while ascending a stairway leading to the defendant’s home. The defendant moved for summary judgment dismissing the complaint, asserting, inter alia, that the plaintiff failed to identify the cause of his accident. The Supreme Court granted the defendant’s motion.
The defendant’s submissions included, among other things, the deposition testimony of a witness to the plaintiffs fall, which indicated that as the plaintiff was ascending the stairs, he “was reaching to hold onto something, and nothing was there,” and that the plaintiff lost his balance and fell over a retaining wall
Accordingly, the Supreme Court erred in granting the defendant’s motion for summary judgment dismissing the complaint. Florio, J.E, Chambers, Hall and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.