Trip & Fall

In a trip and fall action where plaintiff fell over a construction plate in the street abutting our insured’s premises, the court granted our motion for summary judgment following plaintiff’s deposition and supported by affidavit testimony of the insured by finding that the abutting property owner owed no duty to plaintiff even though the insured’s premises was undergoing a renovation at the time of plaintiff’s accident as it did not actively place the construction plate nor did it have notice of its existence.