Senior Partner Chris Scheley and Associate Kirill Devyatov prevailed on a Motion for Summary Judgment in a premises liability action filed against our client and his three brothers in Sonoma County. The plaintiff (a real estate agent) was voluntarily assisting the Defendant brothers in painting their property, when he fell from a self-supporting A-frame ladder provided by one of the brothers. Plaintiff claimed that he fell because the Defendants failed to protect against harm and failed to discharge their duty by failing to hold the ladder plaintiff fell from. His wife sought loss of consortium damages.
In oral argument, Chris and Kirill convinced the judge that plaintiff did not produce any evidence establishing that holding the ladder or not holding it would have made any difference in the ladder's stability, and that there was no evidence establishing a causal link between the Defendant brothers' conduct and the plaintiff's fall.
Chris Scheley recently prevailed on a motion for summary judgment in a wrongful death case involving a staircase collapse at an apartment complex that killed a young man in his mid-20's. The plaintiffs alleged that our client, a sub-contractor hired to repair the staircases at the apartment complex two weeks prior to the incident, were responsible for failing to inspect and shore-up the subject stairway and demanded $2,000,000 to settle their claim on behalf of the man's parents and friends who were present during incident and were seeking emotional distress damages.
The case was transferred to Chris Scheley by the carrier after prior counsel was reluctant to proceed with a MSJ. Chris successfully argued that our client was instructed to complete repairs on another building as a “sample” by the property manager before proceeding onto the other buildings and, as a matter of law, the evidence showed that our client did not control the subject building or owe a legal duty to either the deceased or his friends
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment