Practice point: A defendant can establish prima facie entitlement to judgment as a matter of law by showing that the plaintiff cannot identify the cause of the accident.
Student note: A plaintiff's inability to identify the cause of the fall is fatal to the cause of action because a finding that the defendant's negligence, if any, proximately caused the injuries would be based on speculation.
Case: Califano v. Maple Lanes, NY Slip Op 00743 (2d Dept. 2012).
Tomorrow’s issue: Unlawful retaliation.
