This action arose from a slip and fall.
Defendant On-Site Maintenance & Repairs Inc., a winter maintenance contractor, brought a motion for dismissal based on formal and deemed admissions.
By the time of the hearing, the sole issue was costs.
The court found that the plaintiff failed to act reasonably in response to information indicating On-Site was not responsible for the area of the fall, and persisted in the claim despite opportunities to discontinue.
The court dismissed the action against On-Site and awarded costs to On-Site, emphasizing the plaintiff's unreasonable conduct in prolonging the litigation.
