Romanowski v. Yahr

Pigott, Jr., P.J., and Hurlbutt, J. (dissenting).

We respectfully dissent. In support of their summary judgment motion, defendants submitted the deposition testimony of plaintiff that she did not know what caused her to fall; that her foot did not slip; that she did not trip or stub her toe; and that she could not remember whether she “missed a step.” Contrary to the conclusion of the majority, that evidence is sufficient to establish defendants’ entitlement to summary judgment dismissing the complaint, because it “ demonstrates] that any determination as to what caused the plaintiff to fall…