6/7/2013
Ortiz v. Elegante Cafe
In Ortiz, plaintiff alleged she tripped and fell while walking on the dance floor at Elegante Cafe. Plaintiff attributed her accident to poor lighting and an improperly raised metal transition that seperated the dance floor from the carpeted floor. As a result of her fall, plaintiff fractured her wrist and sustained nerve damage requiring surgery and a subsequent decompression to the ulnar nerve in the elbow.

At the close of discovery, Reena Shah moved for summary judgment arguing that plaintiff could not prove that the metal transition was a dangerous condition without expert testimony and that there was no proof that the lighting was improper. Judge Holden agreed and granted Ms. Shah’s motion.