Defense Verdict Reached in Bench Trial Against Major Clothing Retailer

April 21, 2010

A defense verdict was reached on a premises liability case handled by Pamela J. Marantz, who represented a major clothing retailer. 

The plaintiff, a woman in her late 30s, fell down a flight of stairs in one of the defendant's clothing stores.  She was not holding the handrail prior to the fall, and wore flip-flop shoes at the time of the incident.  The plaintiff claimed that the handrails violated a building code because they were too far apart. 

At the conclusion of the bench trial, the judge held that the plaintiff did not meet burden of proof, and that no code violation existed (no negligence per se).