WSHB is showing up for its clients in a big way in the courtroom! The construction community has been buzzing with anticipation since Plaintiff appealed a ruling of the Superior Court in a case with important implications for developers and general contractors throughout the state of California. We are thrilled that the Appellate Court issued its decision and affirmed the order of the Superior Court.
Partner Carlo Coppola, senior counsel Melissa Saracyan and of counsel Nick Gedo comprised a formidable team in a case involving an accident near our client's construction site. Carlo's aggressive strategy to position this matter for a winning summary judgment motion set the foundation for this win; Melissa played a critical role in the discovery process and also with spearheading the preparation and argument of the motion and appeal; and Nick provided instrumental assistance during the appeal process.
In the underlying lawsuit, Plaintiff claimed that our client defendant S.C. Anderson was responsible for injuries sustained when Plaintiff was struck by a car while walking near a dirt path near a construction site managed by S.C. Anderson. However, through written discovery and deposition testimony, it was evident that Plaintiff was at fault due to his own lack of care for his own safety. The court granted S.C. Anderson's Motion for Summary Judgment as the Plaintiff could not prove that S.C. Anderson caused or contributed to the incident. The court found that the temporary construction fence did not force Plaintiff into the roadway, and Plaintiff could have walked in the bike lane instead. S.C. Anderson's placement of the fence did not cause the harm.
We cannot overstate the significance of this development, and we owe it all to the tireless efforts of our legal team. Their passion and dedication have contributed massively to this successful outcome for our developer client. We are waiting to see if the plaintiff will appeal. In the interim, the defense community has taken an interest in this opinion requesting its publication.