George Matarese v. Leesburg Elks Club

A summary judgment was rendered against the plaintiff-appellant in this case which arose out of a slip and fall occurring on defendant-appellees dance floor. In considering and granting the motion the court had before it only the complaint, which alleged the defendant negligently caused and permitted a slippery liquid to remain on the floor, and a deposition of the plaintiff taken by the defendant. The defendant filed nothing else in support of his motion and the plaintiff filed no opposing papers. We find the defendant failed to sustain the burden of proof necessary to entitlement to a summary judgment and on this point we reverse.