Snow Fall

Incident Time-Line Defeats Suit

The plaintiff alleged that he fell on snow while exiting the defendant’s building, striking his “brain,” neck and back. He also claimed that he suffered from depression and psychological problems as a result of this incident. There had been a substantial snow storm the night before, and the plaintiff’s counsel asserted that a portion of snow on the walkway was left untreated by the third-party defendant, a snow removal contractor, and that the defendant, a housing authority, knew or should have known of the alleged defective condition. The snow-removal contractor testified that he removed the snow just before the alleged incident. The defendant testified that no defective condition existed, and that if one was found to have existed that the housing authority had no notice of any alleged defective condition. The jury returned with a defense verdict.