BWB&O is proud to announce that Partner Bryan Stofferahn and the Walnut Creek Team secured a Summary Judgment on behalf of the firm’s clients, resulting in a complete dismissal of a negligence and premises liability claim.
Plaintiff, a teenager, was riding his bicycle on private commercial property when he was struck by a vehicle. Plaintiff was in a coma for 6 weeks and developed major neurocognitive dysfunction from a traumatic brain injury.
BWB&O’s clients are a commercial property owner and property management company, who Plaintiff contended were liable for his injuries based on the design, condition, operation, and management of the premises. Plaintiff had demanded $28 million in settlement of the claims against all defendants.
BWB&O filed a Motion for Summary Judgment, arguing that its clients owed no actionable duty to Plaintiff under the circumstances. The motion further established that the property presented no dangerous condition that caused the accident and that there had been no prior similar incidents sufficient to place BWB&O’s clients on notice of the risk alleged by Plaintiff.
The Court agreed and granted BWB&O’s Motion for Summary Judgment, disposing of Plaintiff’s claims against both the commercial property owner and property management company in their entirety.