MSSSV Wins Summary Judgment in High Exposure Suffolk County Premises Liability Matter

Justice Baisley of the Suffolk County Supreme Court granted summary judgment to our client, Friends of Bradstock (FOB), dismissing plaintiff’s Complaint in its entirety in this personal injury lawsuit involving a quadriplegic.
The injured plaintiff had fractured his neck at the annual Labor Day weekend music festival organized by FOB, which was held at a Suffolk County park.

While riding his bicycle towards a marina dock at the conclusion of the festivities, he flipped over his bicycle based upon a gap which was present between the dock and adjacent grassy area.

The Court held that the organizers of the music festival owed no legal duty to the catastrophically injured plaintiff, holding that “there is no issue but that FOB had no legal duty to maintain that County owned premises and had no responsibility to control the dock area where plaintiff’s bicycle wheel collided with the wood planked deck. Absent any duty to maintain and control the area where the incident occurred, no legal basis exists to find the defendant FOB responsible for plaintiff’s injuries and therefore defendant FOB’s motion seeking an order granting summary judgment dismissing the complaint and all cross claims asserted against it must be granted.” (see decision)

Richard S. Sklarin worked on this matter from inception.