Fullerton Beck attorney Heather Julien prevailed in a personal injury case before the Queens County Supreme Court, which granted her motion for summary judgment and dismissed the crossclaims against her client, a program that serves the homeless and that was one of three defendants in the case.
The case involved an elderly man who alleged that while he was walking through a plaza on a windy day, he was struck and injured by a chair that became airborne. During the litigation, the plaintiff passed away for reasons unrelated to the case.
Heather developed her defense through deposition testimony, discovery and medical records and established that the plaintiff could not identify what actually caused him to fall. Favorable testimony elicited from the plaintiff, together with the fact that the timing of the incident did not coincide with other testimony from the client and other defendants in the case, paved the way for Heather to file a motion for summary judgment. Heather argued that the plaintiff’s claims were speculative and not based on direct or circumstantial evidence. The court agreed and granted the motion, as well as dismissed all crossclaims against the firm’s client as there was no evidence it was working in collaboration with the co-defendants or that they exercised sufficient control over the plaza so as to be held liable.
Heather’s investigation into the facts and her compelling motion yielded optimal results for our client.