No Evidence of Hazard Results in Dismissal of Claim
In this case the plaintiff advanced a claim for not insignificant injury sustained in the defendant’s restaurant when she slipped and fell on what she said must have been spillage. The plaintiff had no direct evidence of what caused her to fall but hypothesized it must have been spillage given the nearness of the servery and the regularity with which servers traversed the area carrying beverages. On behalf of the restaurant defendant, Kelly McCullagh successfully brought a summary trial application for dismissal of the action on the basis that the plaintiff was not able to prove there was a hazard that caused her fall. The trial judge accepted the argument and dismissed the action.