Jeffrey Bell and Carlo Marichal represented a condominium building in a lawsuit filed by a unit owner who slipped and fell on water that was on the elevator floor. She suffered serious injuries that required surgery.
Jeff and Carlo moved for summary judgment, arguing that the foreign transitory substance statute applied to the condominium association, and that the association did not have actual or constructive notice of the water.
The judge found that the condominium was a business establishment under the statute and that it did not have constructive notice of the water. The Judge ultimately entered final summary judgment in the condominium association’s favor.