SEPTEMBER 29, 2023 – Westchester partner Rich Sklarin recently secured a summary judgment victory on behalf of a national movie theater operator arising from a 2018 verbal dispute during a showing of the Black Panther movie. An unknown individual had yelled “gun”, causing a stampede with the plaintiffs getting trampled by other audience members attempting to exit the theater, causing personal injuries.
In granting summary judgment, the Westchester County Supreme Court held that the moving defendants were entitled to summary judgment dismissing plaintiffs’ Complaint by holding, as a matter of law, that the incident was an unfortunate, sudden and spontaneous event for which there was no warning and could not have been reasonably anticipated and prevented. A Notice of Appeal has been filed. The Court’s Decision and Order can be read below.