Thomas A. Montiglio was successful in obtaining a defense verdict in the case of C.M., infant v. Smithtown CSD, Supreme Court, Suffolk County 2011- Defense Verdict – Plaintiff, a 7th grade student at time of accident claimed he slipped and fell in a puddle of water in the cafeteria. The first time that the plaintiff observed the water was after he got up and noticed that his clothes were wet. The school had a custodian stationed in the cafeteria during all lunch periods to clean up any spills and to throw away the excess garbage. Plaintiff made the argument that the water must have come from the custodian. The jury found no negligence on behalf of the school district.
