Giovanna D'Orazio, partner at D'Orazio Peterson, received a decision affirming denial of a summary judgment request by a Defendant in a case involving premises liability at the Sagamore Resort in Bolton Landing, NY.
The plaintiff suffered very severe injuries when she fell during the winter at the resort. The facility hired lawyers from New York to aggressively defend the case. They asked the court at the close of discovery to dismiss the case, arguing that they had no duty to the Plaintiff because she was not an invited guest. The trial level court denied their application, and they appealed to the Appellate Division.
D'Orazio argued that the facility clearly foresaw that individuals like the plaintiff would be using the facility, and successfully convinced the judges that the resort could be held responsible for failing to maintain its property in a reasonably safe condition.
The decision will likely have a significant impact on premises liability litigation in Upstate New York.