John Magrino Wins Summary Judgment Dismissing Slip And Fall Case in Hunterdon County, New Jersey
On March 22, 2016, John Magrino won summary judgment dismissing the plaintiffs’ complaint in McDevitt v. Pritchard Industries, Docket No. HNT-L-29-14 (N.J. Sup. Ct., Law Division, Hunterdon County). The plaintiff alleged that she slipped and fell on ice in the parking lot of Ethel Hoppock Middle School in Asbury, New Jersey. The plaintiff alleged that the defendant was negligent by virtue of failing to perform its duty to remove the snow and ice from the parking lot. Mr. Magrino successfully argued that the defendant did not owe a duty to the plaintiff because it only contracted to provide snow and ice removal from the building’s sidewalks, not the parking lot. The Court dismissed the plaintiffs’ case with prejudice.