CLINTON & CLINTON WINS MOTION FOR SUMMARY JUDGMENT IN PREMISES LIABILITY (SIDEWALK) CASE
DATE: 1/14/2026
Todd Austin, Esq. and Sasha Ramos, Esq. of Clinton & Clinton recently prevailed on a Motion for Summary Judgment against a plaintiff who claimed to have been injured as a result of a raised sidewalk panel in front of a school, which was represented by Clinton & Clinton. The plaintiff alleges that he was operating his electrical wheelchair in front of the subject premises when he was pitched out of his wheelchair when it struck a raised sidewalk panel created by a nearby tree. Plaintiff's evidence was riddled with speculation and hearsay. Plaintiff testified that he did not know where he fell or what caused him to fall. However, plaintiff believed that the school was liable for his injuries because he was told he fell near a school. In the Motion for Summary Judgment, Clinton & Clinton argued that plaintiff provided no evidence of where or how the accident occurred and no evidence that the school owned, possessed, or controlled the tree, sidewalk, or property on which the tree was located. The Court agreed and granted the school's Motion for Summary Judgment.