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Marsha Solomon Weiss successfully defeats motion and settles case for woman injured on handicapped ramp of municipality

April 19, 2019

drunk driving accident

 

Marsha Solomon Weiss successfully defeated a motion to dismiss plaintiff’s claim against a local municipality and school district. Plaintiff was injured when she tripped over a raised concrete slab on a handicapped ramp as she entered a building owned by the school district and utilized by the local municipality to house its Police Department and other administrative offices. Defendants moved to dismiss the complaint on the grounds that the defect was too small to be actionable and that they either did not have notice of the defect or had no obligation to maintain the handicapped ramp. In a decision by Ulster County Supreme Court Justice Christopher E. Cahill, the Court denied defendants’ motions, finding that issues of fact existed which will require a trial to resolve. Shortly after receipt of the Court’s decision and on the eve of trial, the matter was settled.

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