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Plaintiff, a woman in her 50s, claimed that she slipped and fell in the alleyway behind the rear entrance to the apartment complex she lived at, in New York. The claim indicated that the cause of the slip was residual ice which had been leftover from a previous storm which had taken place several days beforehand, and that the owner of the apartment building should have had removed. She stated that the ice was covered by a light dusting of snow, which was occurring at the time of the slip.

At trial, Defense called upon the expertise of COMPUWEATHER to provide testimony as to what the weather conditions were leading up to, and at the time of, the slip. Testimony given by the COMPUWEATHER meteorologist indicated that a light accumulation of snow had taken place five days before the day of the slip. Following that snowfall, the combination of sunshine and daily high temperatures in the 20s and 30s, would have been sufficient to cause all of the snow which had fallen from that storm event, to completely melt away. At the time of the slip, the only snow or ice that would have been present was from the snow which was falling at the time.

Based on the fact that the slip was a result of a storm-in-progress, and not from leftover ice from a previous storm, the jury came back with a verdict in favor of the Defendant.