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WAS IT AN EVENT-IN-PROGRESS?

Plaintiff, a woman in her 30s, filed suit against a hospital in southeastern New York, after slipping and falling due to a puddle of water at the entranceway to the building. The woman was entering the building with her boyfriend, who was there undergoing blood tests. Her boyfriend testified that he noticed the puddle at 9:20 am as they were entering the building. They both claimed that the accident occurred as they were leaving, and that it was not raining or snowing at the time of the slip.

Defendant Hospital contended that the accident occurred as plaintiff was entering the building, and that a snowstorm was still in progress at the time. At trial, expert testimony from a COMPUWEATHER forensic meteorologist, confirmed the Hospital’s stance that snow was indeed still falling at 9:20 am, and was part of a storm which had started several hours earlier. The storm came to an end shortly before 10:00 am, which was determined to be after the time that the slip took place.

Verdict came back in favor of defense, based on COMPUWEATHER’s testimony that at the time of the slip, snow was falling, and thus, it was an event in progress.