Failure to present corroborative evidence to establish existence of hazardous condition, unsupported and conclusory allegations are insufficient to overcome and defeat motion for summary judgment.

The plaintiff, a business invitee, claimed that a raised and unsecured portion of the carpet in his hotel suite caused him to trip and fall.

The defendants filed a joint motion for summary judgment and argued the plaintiff failed to present any corroborative evidence to support his contention that the carpet was damaged and not properly adhered to the floor. In support of their motion, the defendants submitted photographs of the hotel suite which did not show any carpet defects.

In deciding the defendants’ motion, the court reasoned that, pursuant to Section 343 of the Restatement (Second) of Torts, “[t]he crux of a premises liability action involving a fall is the [p]laintiff’s ability to produce evidence of a dangerous or hazardous condition.” The court found that the plaintiff failed to present any evidence that the carpet was loose, raised or unsecured. The court further found that the plaintiff did not present any evidence of prior problems involving the carpet or subsequent repairs or replacement of the carpet.

The court ruled that “[u]nsupported assertions, conclusory allegations or mere suspicions are insufficient to overcome a motion for summary judgment.” As such, the court held that, as the plaintiff failed to establish that the floor of his hotel suite was hazardous, he did not meet his burden to support a finding of negligence against the defendants. The court granted the defendants’ joint motion and dismissed the plaintiff’s action.

^{Case Law Alerts, 4th Quarter, October 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}