Joel P. McCoy

The defendant transit authority brought a motion for summary judgment dismissing a slip‑and‑fall action arising from a fall on stairs at a subway station.

The plaintiff alleged she slipped on debris on the steps and that the occupier failed to keep the premises reasonably safe under the Occupiers’ Liability Act.

The court held that the plaintiff produced no direct evidence that debris or another hazard existed at the time of the fall, relying instead on speculation and past observations of debris elsewhere in the station.

Evidence showed the stairs were non‑slip tiles in good repair and that the defendant maintained a reasonable inspection and cleaning system.

Applying the summary judgment principles from Hryniak v. Mauldin, the court found no genuine issue requiring a trial and concluded the plaintiff could not establish a breach of the statutory duty of care.