LoBianco v. Bonefish Grill, LLV

Dist. Ct. erred in granting defendant-restaurant’s motion for summary judgment in plaintiff’s personal injury action, alleging that she injured her hip after slipping and falling on patch of water on defendant’s restaurant floor. While Dist. Ct. found that plaintiff could not establish whether liquid on floor was proximate cause of her injuries, Ct. of Appeals found existence of proximate cause as to whether liquid on restaurant’s floor was proximate cause of her fall, where plaintiff repeatedly and conclusively claimed that she slipped on liquid and fell and injured her hip. Moreover, plaintiff repeated her claim to restaurant manager shortly after her fall and claimed that her dress became wet because of her fall. Also, one employee at restaurant, who saw plaintiff’s fall, testified that she had told someone to clean spill up. As such, plaintiff was entitled to obtain jury verdict on issue of whether liquid on defendant’s floor was proximate cause of her slip and fall that resulted in injury to her hip.