Attorney: Benjamin L. Bedard and John J. George
Summary: The plaintiff alleged that he slipped and fell in water on the floor while shopping in the meat department in the retailer’s store. The plaintiff argued that the condition occurred with regularity, citing the testimony of the store’s employees, who testified that they had seen water in that department on the floor on prior occasions.
Our Client: Our firm represented the landowner/retailer
Final Disposition: After removing the case to federal court on the basis of diversity jurisdiction, the firm filed and successfully argued a motion for summary judgment on the basis that there was no evidence that the retailer had actual or constructive knowledge of the water on the floor.
Attorney: Shelli A. Healy
Summary: Plaintiff filed a negligence action against a landlord/owner arising out of an alleged slip and fall that occurred at a residence rented by Plaintiff. Plaintiff claimed the landlord/owner was negligent for allowing a dangerous condition to exist outside the residence, specifically a drop off from a walkway onto the ground and failed to warn Plaintiff of the dangerous condition. As a result of the fall, Plaintiff claimed injuries including a spinal fracture.
Our Client: Our firm represented the landlord/owner.
Final Disposition: The firm filed and successfully argued a Motion for Summary Judgment on the basis that the condition alleged by Plaintiff did not constitute an inherently unsafe or dangerous condition as a matter of law and the trial court agreed.
Attorneys: Lyman H. Reynolds, Nicholas Madsen, and Keith R. Hedrick
Summary: This was a negligence action filed by a guest of a residential tenant against property owner/landlord and the property management company. The plaintiff claimed she tripped and fell over an allegedly dangerous condition on the presented by a shrub branch extending onto the path leading to the front door of the home.
Our Client: Our firm represented both the property owner/landlord and the property management company.
Final Disposition: We filed a Motion for Summary Judgment arguing that the Plaintiff failed to prove the existence of a dangerous condition on the premises. The Court granted final summary judgment in our favor, finding that the dangerous condition alleged by Plaintiff was open and obvious and could have been avoided with the exercise of due care.
Attorneys: Benjamin L. Bedard and Shelli A. Healy
Summary: Plaintiffs filed a negligence/premises liability action against the owner of a shopping plaza; one of the tenants in the shopping plaza, a nightclub; and the driver of the vehicle that struck them as they walked across the roadway in the parking lot of the shopping plaza after leaving the nightclub. Plaintiffs alleged the nightclub breached its duty to provide a safe ingress and egress to and from the premises, failed to provide any form of traffic control management or security and failed to warn them of a foreseeable hazard.
Our Client: Our firm represented tenant/nightclub owner.
Final Disposition: The tenant/nightclub filed and successfully argued a Motion for Summary Judgment. The motion was granted and the Court reserved jurisdiction pursuant to previously filed proposals for settlement.