Summary Judgment Granted in Major Jury Case Involving Serious Injuries
We successfully argued a motion for summary judgment on a major jury case where we represented a tenant shop owner. The plaintiff opposed our motion, alleging, inter alia, serious injuries to a shoulder and surgery. There were many moving pieces in this case, including indemnity issues, an alleged triple net lease and joinder after the statute of limitations. The plaintiff tripped and fell on a sidewalk that was under repair outside of our client’s store. We were joined by the original defendant, the landlord. We argued the plaintiff had no direct cause of action against us as we were joined after the statute of limitations; there was no evidence of record of our involvement as plaintiff did not visit our store; we were not responsible for the sidewalk repair; and the original defendant landlord was responsible for the sidewalk in question as the lease was ambiguous as to who was responsible for external repairs.