Bremer Whyte Brown & O’Meara, LLP is excited to share that Senior Associate Melissa Ingleby recently prevailed on her Motion for Summary Judgment.
BWB&O’s Client is a third-party logistics company that contracts with independent contractors to facilitate the delivery of products for its customers. Plaintiffs were independent couriers who were contracted by our Client’s independent contractor to deliver pharmaceuticals to long-term care facilities. Plaintiffs were required by our Client’s customer to return to the pharmacy after making their deliveries. Unfortunately, Plaintiffs were stabbed by an unknown assailant after returning to the pharmacy late at night. Plaintiffs sued our Client for premises liability, negligent security, negligent hiring, training, supervision and/or retention, and alleged punitive damages.
During the course of discovery, key testimony was obtained that supported our Client’s position that it did not owe a duty to Plaintiffs because (1) our Client did not own or otherwise control the pharmacy where the stabbing occurred; (2) there was no special relationship between the Plaintiffs and our Client; and (3) our Client did not fail to train, hire, or supervise any of its employees. Armed with these undisputed facts which evidenced that our Client did not owe Plaintiffs a duty of care, Melissa filed a Motion for Summary Judgment as to all claims against our Client, including the alleged punitive damages.
Prior to the hearing, the Court issued a tentative ruling granting Melissa’s Motion for Summary Judgment by utilizing her Motion for Summary Judgment language within its ruling as well as expressing high regard for Melissa’s writing. Following oral argument, the tentative ruling became the final ruling, and the claims against our Client were dismissed with prejudice.