Wood Smith Henning & Berman Partner J. Paul Lewis and Associate Amanda Rasmussen secured a pair of summary judgment victories for an apartment community client, bringing two separate slip-and-fall lawsuits to an early close within a two-week period.
The cases were filed by the same plaintiffs’ firm at approximately the same time and arose from separate incidents at the same apartment community. Both were approaching trial in October, which is now avoided.
In the first case, the court granted summary judgment under the principles established in Privette, finding the client could not be held liable under the circumstances presented. Two weeks later, the court granted summary judgment in the second action based on the open-and-obvious nature of the alleged condition. The evidence established that it was raining at the time of the incident, and the plaintiff failed to demonstrate the existence of a dangerous condition for which the client could be held responsible.
Together, the ruling eliminated both cases before trial and delivered a particularly meaningful result for the client.
"Obtaining summary judgment in a premises liability case is always difficult, but prevailing on two separate summary judgments involving the same client and opposing firm within two weeks is an extremely rare feat," Lewis said. "We are pleased that the court carefully considered the evidence and controlling law in each case, and we are especially gratified to have resolved both matters without exposing our client to the cost and uncertainty of trial."
The victories reflect the defense team's focused approach to premises liability litigation and its willingness to pursue dispositive relief when the facts and law support it.
"These rulings spared our client the expense, disruption, and uncertainty of two trials scheduled just one week apart," Rasmussen added. "The client is thrilled with the results, and we are proud that a focused, case-specific defense strategy produced a complete victory in both matters."
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