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Chris Nosher and Andy Uria Obtain Summary Judgment in DC Superior Court
May 7, 2018

Kiernan Trebach Attorneys Chris Nosher and Andy Uria obtained summary judgment for a railroad client in the Superior Court for the District of Columbia. Plaintiff claimed that he was injured while disembarking from a passenger train. He alleged that, as a result of the failure of the train crew to utilize a step box and/or the uneven condition of the pavement on the platform, he lost his balance, fell and fractured his ankle. The defense developed testimony during the course of Plaintiff’s deposition that he was unable to describe with sufficient detail the location and manner of his fall and, consequently, could not demonstrate that uneven pavement, even it existed, was the cause of his fall. The Court agreed, holding that “Plaintiff has failed to present sufficient evidence upon which a jury could reasonably rely to find that any act or omission by [Defendant] caused him to fall. “

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