A New York court has ruled in favor of several defendants in a personal injury case involving a slip-and-fall incident at a Dunkin' Donuts. The Appellate Division of the Supreme Court of the State of New York decided on June 24, 2026, that Onelda Jacinto, the plaintiff, could not prove her claims against the defendants. This ruling affects Jacinto and the businesses involved in the incident, as it dismisses her claims for damages.
The case, Jacinto v. Cipes, was filed under docket number 2023-10949. Jacinto alleged that she suffered injuries after slipping on a walkway in front of the Dunkin' Donuts where she worked. The court's decision is significant as it clarifies the responsibilities of property owners and contractors regarding safety conditions.
Jacinto's claims were directed at several parties: Stephen Cipes, the owner of the shopping center; Lauria Realty Services, Inc., the managing company; Robert Lauria, the president of the managing company; Verdi Construction Co., LLC, the general contractor; and SJS Concrete Works, LLC, the subcontractor responsible for the walkway. The dispute arose when Jacinto filed a lawsuit claiming that a sealant applied to the walkway made it excessively slippery, particularly when wet.
The case reached the Appellate Division after the Supreme Court in Westchester County granted summary judgment in favor of the defendants on July 26, 2023. This means the lower court found that there was no genuine issue of material fact that required a trial, leading to the dismissal of Jacinto's claims against the defendants.
The court ruled that the defendants, including SJS and Verdi, successfully demonstrated that they did not create a dangerous condition that led to Jacinto's fall. The judges noted that “a contractor can be held liable to a third party when, in failing to exercise reasonable care in the performance of [its] duties, [it] launch[es] a force or instrument of harm.” However, in this case, SJS and Verdi showed they did not launch any instrument of harm and were justified in relying on the plans and specifications they followed during the construction.
The ruling stated, “The mere fact that an outdoor walkway or stairway becomes wet from precipitation is insufficient to establish the existence of a dangerous condition.” The court concluded that Jacinto's slip was solely due to wet conditions and not because of any negligence on the part of the defendants. The judges involved in the ruling included Betsy Barros, Cheryl E. Chambers, Lillian Wan, and Susan Quirk.
This decision has important implications for similar personal injury cases. It reinforces the idea that property owners and contractors may not be held liable for accidents that occur simply due to natural weather conditions, such as rain, unless there is evidence of negligence in maintaining the property or creating hazardous conditions. This ruling may influence how future slip-and-fall cases are litigated, particularly those involving outdoor walkways and similar settings.
Going forward, this ruling may deter similar lawsuits where plaintiffs claim injuries from wet surfaces unless they can provide concrete evidence of negligence or a dangerous condition that goes beyond mere wetness. The decision also emphasizes the importance of following safety regulations and maintaining properties to prevent accidents.
As for the next steps, Jacinto may have the option to appeal the ruling to a higher court, although details on whether she plans to do so were not available in the court filing. There are currently no related cases pending that could affect this ruling.