Gloria Landy v. Michael Steinbach et al. (2013)

MEMORANDUM OF DECISION

The plaintiff Gloria Landy seeks to amend her complaint after the court heard all the evidence by the parties and considered their written briefs in this fall down case.   The plaintiff failed to establish liability on the part of the defendant Michael Steinbach or the defendant Apple Holdings, LLC. There is no evidence of control by either defendant of the area where the incident allegedly occurred.   There is no evidence of any defect.   There is no proof of notice to the defendants.   There are numerous contradictions in plaintiff's testimony.   No witnesses were called even though there were several other women who walked up the same steps holding the handrail before the plaintiff.   The EMT and hospital records indicate the plaintiff made statements saying she was walking when she heard and felt a pop and her right knee gave out.   Nowhere in these medical reports does plaintiff state her injury was caused by any situation other than a nontraumatic event when her knee simply gave out.

Judgment is rendered in favor of the defendants and against the plaintiff and the defendant is awarded taxable costs.

Robert I. Berdon

Judge Trial Referee

Berdon, Robert I., J.T.R.