We've all heard of slip and fall accident cases. But not all of us have heard of stick and fall cases, have we?
In a decision that is scheduled to be published in tomorrow's edition of the New York Law Journal, a Suffolk County trial judge dismissed the negligence case of a woman who apparently tripped and fell while dancing at a lounge when her heel caught on the sticky side of a strip of tape that was being used to tack down wires to the dance floor.
In dismissing the case of Chiocchi v. Cat Lounge, Inc., the Court held that the plaintiff failed to prove the elements necessary for a successful trip and fall case. Here's the most relevant portion of the Court's decision:
"The Plaintiff's case in chief provided the court with sufficient evidence to render it's decision despite the Defendant not calling any witnesses. This case does not turn on whether the Plaintiff fell that night. The question is whether the Plaintiff proved any of the prongs of the tests set forth above. This Court finds that the Plaintiff has not.
"First, Plaintiff did not establish that Defendant created the alleged hazardous condition ... Second, Plaintiff did not establish that the Defendant had actual or constructive notice of the alleged condition."