In Valverde v. Great Expectations, LLC, the New York Appellate Division, First Department denied summary judgment to defendants for failing to make a prima facie showing that they neither created nor had actual or constructive notice of an allegedly defective golf course path.

Ms. Valverde, a passenger in a golf cart, was injured when she was thrown from the golf cart while on a golf course owned by Great Expectations. Defendants filed summary judgment seeking a dismissal of Ms. Valverde’s claim. In support, they offered expert testimony regarding the non-defective condition of the path.

However, because defendants’ expert did not state that when he inspected the path it was in the same condition as of the time of the accident, the court found his testimony lacked probative value. Also, because defendants failed to demonstrate that they regularly inspected the accident location, had no prior complaints about the condition of the pathway or that they had no similar accidents at the subject location, the court held that defendants failed to make a prima facie showing that they had neither created nor had actual or constructive notice of the alleged defective golf course path.