In a high-exposure wrongful death case, WSHB has succeeded in a motion for summary judgment in favor of all three WSHB-represented clients. WSHB partner Andrew Mallon and the team at the Orange County branch fought zealously for their clients to obtain the big win.

Mallon, assisted by WSHB attorney Brittany Kelly, faced the sensitive challenge of representing the general contractor, owner and land developer of a project where a subcontractor’s employee had tragically died on site. Plaintiffs argued that the Defendants must have had knowledge of a dangerous condition or exerted control in a manner contributing to decedent’s injury, thereby making the Defendants liable in the employee’s death. Mallon and his team employed expert defense and litigative strategy arguing that the parties had successfully delegated safety and control to decedent’s employers.

After carefully and thoughtfully considering the Plaintiffs’ case, the court granted summary judgment as to all three WSHB clients represented in the matter. The court highlighted Defendants’ submitted caselaw provided on motion and reply to Plaintiffs’ opposition, stating that Defendants had met its initial burden proving that Defendants did not exert control or have knowledge of a dangerous condition, thereby precluding claims by the Plaintiffs against Defendants under Privette.

“We set this case up early for summary judgment and were thoughtful in our curation of evidence throughout the discovery process. The Court was persuaded by our defense and confirmed that we had completely disposed of Plaintiffs’ causes of action against all three of our clients!” - Mallon

Mallon and his team have also been successful in a motion for summary adjudication as to the subcontractor’s duty to defend the general contractor in this matter. In an action that the court’s ruling labeled “disingenuous”, opposing counsel opposed the motion for summary adjudication by attempting to attack opposing counsel’s own submitted discovery responses used in support of the motion. Not missing a beat, the team pivoted and immediately provided new evidence for the court to consider in reply. This caused the court to permit the parties to submit supplemental oppositions and replies. In granting Defendants’ motion, the court stated that Mallon’s team had “cured the evidentiary gap” that the subcontractor attempted to attack by the subcontractors own previously submitted deficient evidence.

Congrats to Andrew Mallon, Brittany Kelly and the Orange County team at WSHB for this amazing result!

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