The defendant snow removal contractor brought a motion for summary judgment to dismiss the plaintiffs' slip and fall action against it.
The plaintiff slipped and fell on a snow-covered, icy parking lot at an apartment building.
The contractor argued it had fulfilled its winter maintenance obligations.
The court found that the contractor had been hired to remove a significant accumulation of ice but failed to clear the ice between parked cars, where the plaintiff fell.
The court concluded there was a genuine issue requiring a trial regarding whether the contractor breached the standard of care, and dismissed the motion.