4/19/2023 – Pellet v. Town of Milton

In this negligence action, plaintiff alleges that she was caused to slip and fall on black ice in the parking lot of the Town of Milton Community Center. Plaintiff claims that the Town of Milton had actual and constructive notice of the dangerous condition at the accident location. Plaintiff further claimed that the Town of Milton had a defective drainage system on the roof that caused run-off and an improper parking lot drainage system. After the close of discovery, Chris Mauro filed a motion for summary judgment on the basis that the Town of Milton did not have actual or constructive notice of the dangerous condition or receive written notification of the alleged condition as required by the local town ordinance. Additionally, it was argued that plaintiff’s expert opinion about the defective drainage system was speculative and not supported by the evidence in this case. The Court agreed and granted the Town of Pellet’s motion for summary judgment dismissing plaintiff’s complaint as a matter of law. Plaintiff filed a motion to renew and reargue which was also denied by the Court.