Moll v. Wegmans Food Mkts – Case Brief Summary (New York)

In Moll v. Wegmans Food Mkts., 300 AD2d 1041, 1043, 755 N.Y.S.2d 131 [4th Dept 2002], a waste management company was required to purchase insurance naming a store as an additional insured.

The company argued that the store was not entitled to damages for failure to procure insurance because the store offered no evidence that its solid waste management agreement covered the underlying accident, and that the fact that the plaintiff slipped on a "slimy smelly fluid" in proximity to a dumpster was insufficient to establish its liability under the agreement (id. at 1042).

However, the Court noted that the company agreed to "maintain and make available to the store, at all reasonable times, reasonably sufficient equipment and personnel to enable it to remove such solid waste" (id. at 1043).

The Court, therefore, held that "the evidence that plaintiff slipped on a substance that allegedly came from the dumpster was sufficient to establish that the injury was covered by the agreement" (id.).

New York Accidents Agreement Case Brief Damages Evidence Injury Insurance Liability Slip and Fall Injuries

why use lawpipe ?

The largest case briefs database in the U.S (over 50,000 case briefs).
New case briefs and articles updated monthly edited by experts.
We do not use robots or any kind of artificial intelligence to generate content.
Our legal database contains only important rulings and decisions, to ensure efficient and faster legal research.
Our search engine recommends only highly relevant briefs or articles, bypassing the need to browse through hundreds (and sometimes thousands!) of Irrelevant search results.
Search from 2,000+ legal terms keyed to our case briefs and articles, For each term, we show you every case brief and article in our database that relates to that term.