Summary Judgment Obtained Based On The De Minimus Rule
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Using the de minimus rule, Stacy Fulco successfully had a case dismissed. The plaintiff tripped and fell on a curb that had a small piece of cement missing. She fell and significantly injured her wrist, hands and knee. A motion for summary judgment was filed after all fact discovery but the motion was denied. The case then went to mandatory arbitration. Stacy again argued the de minimus rule and the panel found in favor of her client. The plaintiff did not reject the award.
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