BWB&O continues to win for our clients! Partner Vik Nagpal and Associate Attorney Jessica Collins successfully had two dispositive motions for summary judgment granted in the same premises liability matter! Plaintiff, a utility worker, sustained injuries to his knee and tore his quadriceps tendon when he fell down a dark stairwell on a construction site. Plaintiff in turn received workers’ compensation benefits and filed a complaint against our client, who was the general contractor, and against an electrical subcontractor. Plaintiff’s lowest settlement demand to our client was $1,500,000.00. We never made an offer on behalf of our client.
After conducting strategic discovery, we filed a Motions for Summary Judgment (“MSJ”) against Plaintiff, and another MSJ to the cross complaint of the electrical subcontractor. After lengthy oral arguments on both motions, the Court agreed with our position and ruled in our favor on behalf of our client. The Court found we have a complete defense to the claims as set forth in the Complaint of Plaintiff.
As to our motion against the Cross Defendant electrical subcontractor, the Court also found and agreed with our arguments that there is no evidence of active negligence on the part of our client that caused or contributed to plaintiff’s injuries