Murphy v. City of Elmira, 84 N.Y.2d 963 (1994)
A claim of negligence based on a slippery floor requires evidence beyond the mere smoothness of the flooring; there must be evidence of a negligent application of wax or polish, or some other specific defect or dangerous condition.
Summary
Stephanie Murphy sued the City of Elmira and related entities for injuries sustained after she slipped and fell in the Eastowne Mall. She alleged negligence in maintaining a slippery and unsafe floor. The lower court denied summary judgment for the defendants based on expert testimony that the floor’s friction coefficient was below industry standards. The Appellate Division reversed, finding that the expert’s opinion essentially stated the floor was too slippery, and absent evidence of negligent application of wax or polish, no liability could be imposed. The Court of Appeals affirmed, holding that the plaintiff failed to establish factual issues precluding summary judgment, as there was no evidence of the reason for her fall other than the tiles being smooth.
Facts
Stephanie Murphy fell on the floor of the Eastowne Mall, owned by the City of Elmira and maintained by the Elmira Urban Renewal Agency. She was walking in the common area of the mall, approximately six feet away from her employer’s doorway. Murphy testified that she fell, but was unsure why, other than the tiles being smooth. She sued, alleging the defendants were negligent in allowing the floor to be slippery and unsafe. There was no evidence that the tiles were wet, contained debris, or had been recently polished or waxed.
Procedural History
The Supreme Court denied the defendants’ motion for summary judgment, relying on the plaintiff’s expert’s opinion regarding the floor’s friction coefficient. The Appellate Division reversed, granting summary judgment to the defendants. The Court of Appeals affirmed the Appellate Division’s decision.
Issue(s)
Whether the plaintiff presented sufficient evidence to establish negligence on the part of the defendants for maintaining a slippery and unsafe floor in the Eastowne Mall.
Holding
No, because the plaintiff offered no evidence of the reason for her fall other than the tiles being smooth, and the expert’s affidavit was conclusory and insufficient to raise a triable issue of fact.
Court’s Reasoning
The Court of Appeals emphasized that a negligence claim based on a slippery floor requires more than just the floor’s smoothness. The court distinguished this case from situations involving wet floors, debris, or recent polishing/waxing. The Court acknowledged that expert testimony indicating deviation from industry standards could normally preclude summary judgment. However, in this case, the expert’s affidavit was deemed conclusory because it lacked specificity regarding the exact location of the fall and failed to raise a genuine issue of material fact. The Court referenced Kline v. Abraham, stating that absent evidence of negligent application of wax or polish, liability would not be imposed based solely on a floor being slippery due to smoothness. The court stated, “Ordinarily, the opinion of a qualified expert that a plaintiff’s injuries were caused by a deviation from relevant industry standards would preclude a grant of summary judgment in favor of the defendants.” However, the court found the expert’s opinion insufficient in this case. Because Murphy presented no other evidence to substantiate the alleged negligence, summary judgment was deemed appropriate.