Robert Dunn obtained a defense verdict for Macy's in the case of Maria Santos v. Macy's et. al.

6/18/2019

Robert Dunn obtained a defense verdict for Macy’s in the case of Maria Santos v. Macy’s et. al. which was tried in the pro plaintiff venue, Middlesex County, New Jersey.

Plaintiff, a 62 year old house cleaner alleged that on 12/24/14 she slipped and fell in the Macy's store located at the Brunswick Square Mall . She claimed to have fallen on a slippery condition. After the fall, plaintiff felt wetness on her clothing and she said it smelled like a cleaning solution.

Plaintiff contended that a housekeeping contractor created the condition by leaving excessive cleaning solution on the floor which did not dry in time for store opening and that Macy’s failed to inspect the floors before allowing invitees into the premises. Plaintiff also contended that the condition would have existed for over an hour and a half from when the floor cleaning was completed  to when the fall occurred and that the condition should have been discovered and remedied by Macy’s before encountered by plaintiff.

Macy’s argued it did not have sufficient notice of any hazardous condition and that plaintiff failed to proffer sufficient evidence of the nature or duration of the condition. Macy’s also argued that it fulfilled its duty of reasonable care as owner by hiring professional specialist housekeepers and that the incident occurred such a short time after opening that Macy’s would not have had constructive notice of the condition if it had existed as plaintiff claimed.

Plaintiff had alleged tears to her rotator cuff and meniscus as a result of the occurrence both requiring significant surgery. Plaintiff also claimed she was permanently disabled as a result of the occurrence.

Attorneys

Robert N. Dunn

New York Office     100 Wall Street, 27th Floor     New York, NY 10005-3701     p. (212) 964-6611     f. (212) 267-5916

New Jersey Office     500 Frank W. Burr Blvd.     Suite 31     Teaneck, NJ 07666-6802     p. (973) 912-9501     f. (973) 912-9508