Trial Win for James A. Resila in Defense of Retailer
By: Carter Conboy
James A. Resila successfully defended his client, a local supermarket, in a jury trial held in Rensselaer County Supreme Court before the Honorable Richard McNally.
Plaintiff sued the defendant supermarket claiming that it was negligent and caused the plaintiff to be injured, specifically, that the plaintiff slipped and fell on a slippery, powdery substance on the floor of an aisle in the supermarket. Plaintiff alleged that a powdery substance exists on shrink-wrap that is used to hold contents on pallets and that the powdery substance was allowed to discharge onto the supermarket floor, was not cleaned up or cordoned off by barriers, and caused her to slip and fall. Plaintiff produced expert medical witnesses who testified with respect to the plaintiff’s medical treatment following the alleged fall.
Mr. Resila argued that the defendant supermarket used reasonable care to keep its premises in a reasonably safe condition, that no unsafe condition existed and, if it did, the defendant did not create the dangerous condition and did not have notice that the condition existed. As such, Mr. Resila argued that the defendant supermarket was not negligent and did not cause the plaintiff’s alleged injuries.
In support of his defense, Mr. Resila produced a witness employed by the supermarket with knowledge of its operations, housekeeping, and safety procedures. The witness testified that the plaintiff’s slip and fall was unwitnessed. Additionally, he testified that no powdery substances are contained on the shrink-wrap used to secure pallets. Lastly, he testified that a janitor inspects each aisle approximately every hour for potential hazards, none were reported on the day plaintiff allegedly fell, and that it was unlikely that an unsafe condition existed on the floor from the time the pallets were unloaded the night prior to the time of the plaintiff’s alleged fall at 4:00-4:30 the following afternoon.
The jury rendered a no-cause of action in favor of Mr. Resila’s client. The jury found that the plaintiff did not prove the defendant supermarket created an unsafe condition and therefore was not negligent.
James A. Resila is a Director and litigator at Carter Conboy, concentrating his practice in the defense of personal and premises liability, defense of municipalities in federal civil rights cases, medical and dental malpractice defense, general negligence claims, defense of lending institutions in federal actions, and appellate law. Mr. Resila is a graduate of Fordham Law School and has been recognized as a New York SuperLawyer®. He has been selected by his peers for inclusion in Best Lawyers® in America in the field of Appellate Practice. He serves as a Panel Member on the United States District Court, Northern District of New York’s Panel of Attorneys Responsible for the Investigation of Prosecution of Attorney Disciplinary Complaints, and is a Mediator/Arbitrator for the United States District Court, Northern District of New York’s ADR Panel, the Third District Attorneys Fee Dispute Resolution Program, and Albany City Civil Court Arbitration Program.
Carter Conboy is a full-service law firm founded in 1920. With offices in Albany and Saratoga Springs, New York, Carter Conboy serves its clients in New York, Connecticut, District of Columbia, Massachusetts, Ohio, and New Jersey. For additional information about the firm, visit www.carterconboy.com or contact the firm’s Director of Marketing, Stacy A. Smith, at 518-810-0516 or firstname.lastname@example.org.