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Congratulations to Arizona Partner John Belanger and Associate Ryan Leibel on a Successful Motion for Summary Judgment!

Bremer Whyte Brown & O’Meara is excited to share that Arizona Partner John Belanger and Associate Ryan Leibel recently prevailed on a Motion for Summary Judgment.

The case stemmed from an alleged incident on the premises of BWB&O’s client, a large wholesale retailer.  Specifically, Plaintiff allegedly slipped on water causing her to fall forward onto the handlebars of her shopping cart. Plaintiff sued BWB&O’s client for negligence under a theory of premises liability, alleging the water was an unreasonably dangerous condition that BWB&O’s client should have discovered and remedied. Plaintiff alleged serious upper and lower extremity injuries resulting from the incident. Following targeted discovery, John and Ryan filed a Motion for Summary Judgment seeking dismissal of the claims against BWB&O’s client.  The motion argued that there was no evidence on which a reasonable jury could conclude that BWB&O’s client was on notice of the water prior to the incident and, because surveillance cameras captured the incident but did not show the source of the water, that a jury would be left to speculate as to how long the water was on the floor before the incident.  The Court agreed and ruled that BWB&O’s client was entitled to judgment as a matter law. Well done, John and Ryan! We are thrilled with this result.