Pfiffner v. Touro Infirmary

GULOTTA, Chief Judge.

In this slip and fall case, plaintiff claims the jury erred in dismissing her suit where the evidence clearly established that she had fallen on a wet or slippery floor, thereby creating a presumption of negligence from which the defendant failed to exculpate itself. We affirm.

While we are apparently confronted with a burden of proof problem dealing with the application of the presumption of negligence, nonetheless this matter resolves itself into a question of credibility. In order for the presumption to apply, plaintiff had the burden of establishing that she fell on a…