Fullerton Beck Secures Defense Victory Through Trial and Appeal for Dialysis Center

Fullerton Beck successfully defended a dialysis center in a premises liability action, securing summary judgment and prevailing on appeal. The defense team, led by Alison O’Dwyer, who drafted the successful summary judgment motion; Laura Russell, who argued the motion; and Edward Guardaro, Jr., who handled the appeal, obtained dismissal of all claims and preserved that result through every stage of the litigation.

The result is particularly noteworthy given that the plaintiff was represented by a prominent plaintiffs’ firm with a significant presence in New York personal injury litigation. The firm successfully defeated his effort to strike the defendants’ answer based on alleged spoliation and secured dismissal of the action.

The plaintiff alleged injuries from a fall involving a brightly colored safety cone in the facility’s lobby. Surveillance footage showed the plaintiff had traversed the area multiple times before the incident, enabling the defense to establish that the cone was open and obvious and not inherently dangerous.

The trial court’s decision was affirmed by the Appellate Division, Second Department, reinforcing the continued viability of the open and obvious defense, which has been diminished as a defense principle lately. For the healthcare client, the outcome brought finality to the litigation while avoiding the expense and uncertainty of trial.