Stacy Fulco Wins Summary Judgment In Premises Case

Stacy D. Fulco

Stacy Fulco won summary judgment for her client in a case where the plaintiff fell in a fast-food restaurant and sustained significant injuries. The plaintiff testified she either slipped in a liquid substance, slipped on dropped food or possibly she tripped on a chair.  The only witness to the fall thought the plaintiff tripped on a chair.  In response to the defendant’s motion for summary judgment, the plaintiff argued a material question of fact existed because the specific cause of the fall was not known.  The plaintiff argued a restaurant employee possibly caused a spill and the restaurant possibly had notice.  Stacy argued a question of fact could not be created by the plaintiff’s failure to know the cause of her fall and the circuit court agreed, granting summary judgment for the defendant.