Barbara Bergman v. Bella Notte Restaurant, 191-219 Mineola LLC, and LI Parking Valet Inc.
Client: LI Parking
Court: New York Supreme Court, County of Nassau
Trial Attorney: Stephen J. Alexander, Esq.
Brief Attorney: Alyson L. Knipe, Esq.
**Results may vary depending on your particular facts and legal circumstances**
Plaintiff commenced an action for personal injuries allegedly sustained when she tripped and fell over a metal valet parking sign in a restaurant’s parking lot.
In the May 13, 2020 Judge Mahon granted summary judgment to defendant LI Parking. Judge Mahon held that LI Parking did not launch a force or instrument of harm pursuant to Espinal v. Melville Snow Contractors, Inc., 98 N.Y.2d 136 (2002). The Court found that LI Parking established, prima facie, that it did not create or exacerbate a dangerous condition by its mere placement of the sign at the subject location. At most, LI Parking furnished the occasion for the accident, but it was not sufficient to constitute the creation of an unreasonable risk of harm to others.