Justice Dufficy
Trinidad sued for damages for personal injuries sustained when she slipped and fell on ice in the upper level of a garage at the supermarket. Middle Island (MI) moved for summary judgment on the issue of liability, and dismissal of the action. MI performed snow plowing and salting services for parking lot areas at the supermarket, and did so two days before Trinidad’s accident. The court noted, contrary to Trinidad’s and the owner’s contentions, MI demonstrated its prima facie entitlement to judgment merely by coming forward with proof that Trinidad was not a party to the oral snow removal contract, thus MI did not owe Trinidad a duty of care. It found Trinidad and owner failed to sustain their burden and establish a triable issue of fact of whether the snow removal contract was a comprehensive and exclusive agreement which entirely displaced the owner’s duty to maintain the premises in a safe condition. Deposition testimony revealed that while the contract placed snow plowing and ice removal on MI, the supermarket manager noted he managed the conditions of the parking lot and spread calcium chloride on the lot when ice formed rather than calling MI. As there was no evidence MI was negligent, its motion was granted and Trinidad’s complaint dismissed against it.
