1/22/2009
Innocent v. Manhattan Management Co., Tor View Village, et al.
In Innocent V. Manhattan Management Co., et al, the plaintiff slipped on black ice at the insured’s apartment complex, Tor View Village. As a result of the accident, she suffered a left lateral malleolar ankle fracture and a spiral fracture of her fibula requiring surgery. Prior to trial, Eric Malinowski successfully moved for summary judgment, arguing that Tor View Village and Manhattan Management did not have notice of the icy condition as “black ice” by its very nature is not apparent. The Court dismissed the action against all defendants, finding that there was not proof that they were aware of the icy condition, prior to the plaintiff’s accident.