TT&H Attorney Jillian Denicola wins summary judgment in wrongful death case resulting from a slip and fall in store.

In connection with a wrongful death action arising from a slip and fall incident in the Defendant’s produce department, TT&H Attorney Jillian Denicola recently won summary judgment. The accident occurred when the Plaintiff’s decedent allegedly slipped and fell due to liquid or some other defect on the floor of the store. However, witness testimony at the scene had indicated that no liquid was actually present.

While the Plaintiff attempted to produce expert testimony that the accident happened due to liquid on the floor, the Court found an absence of any factual support for the opinion. Finding that expert testimony is incompetent if it lacks adequate basis in fact, and that “expert testimony cannot be based solely upon conjecture or surmise,” the Court granted Attorney Denicola’s Motion for summary judgment.

Questions about this case can be directed to Jillian Denicola, at (570) 820-0240 ext. 8608 or jdenicola@tthlaw.com.