4/4/2013
Pepe v. Zachary’s
In Pepe, plaintiff alleged that she slipped and fell on liquid located on the dance floor at Zachary’s. She sued our client, Zachary’s, alleging that it was negligent in the maintenance, inspection and cleaning of the dance floor. Specifically, she alleged that Zachary’s had notice of the liquid on the floor before her fall and actually created the condition.

At the close of discovery and after depositions of all parties, Wendy Jennings successfully moved for summary judgment by demonstrating that the bar did not have notice of the liquid before the accident nor did it create the condition. Ms. Jennings also pointed out that plaintiff did not see any liquid on the floor before her fall and could not identify where the liquid came from or how long it was on the floor before her fall. The Court agreed, finding plaintiff’s testimony completely speculative, and dismissed her complaint.