Construction Manager not liable for plaintiff’s trip and fall in a parking lot adjacent to the construction zone

Angelo J. Bongiorno and Alexys M. Cater successfully obtain summary judgment dismissing all claims and cross claims against Liro Program and Construction Management, PE, PC, EF (LIRO) arguing that the deposition testimonies demonstrate that LIRO did not own, occupy, control or derive any special use from the parking lot where plaintiff tripped and fell.  In addition, we argued that there was no evidence that LIRO created the alleged dangerous defective condition.  Judge David Reilly of Supreme Court, Suffolk County agreed with our arguments and found that LIRO did not owe plaintiff a duty and that plaintiff merely speculated that the alleged dangerous condition was created by LIRO.  Lindstrand v. Liro Program and Construction Management, PE, PC, EF, et al.