Two months after she slipped and fell on ice in New Chopsticks House’s parking lot, Veronica G. hired a private investigator to conduct some surveillance. And, apparently, the investigator videotaped some seven occasions (over a six week period) when a restaurant employee emptied a mop bucket in the parking lot.
When she later filed suit, Veronica contended the restaurant had created the icy condition by dumping water, which later froze. After the Richmond County Supreme Court granted the restaurant’s motion to exclude all evidence related to the post-accident surveillance, a jury found in the restaurant’s favor and dismissed the case.
On appeal, the Appellate Division, Second Department, was of the view those seven occasions were neither evidence of a “habit” nor established what occurred on the day Veronica fell. In fact, the AD2 noted that the first documented instance of the “water dumping” occurred some two months afterwards.
Somebody sure mopped up, there.
To view a copy of the Appellate Division’s decision, please use this link: Gucciardi v New Chopsticks House, Inc.