Congratulations to Woodland Hills Partner Daniel Crespo and Associate Lauren Landau for securing a defense victory on behalf of one of our general contractor clients!
The Riverside Superior Court granted summary judgment in favor of our client, finding the plaintiff’s core allegation was flatly contradicted by video evidence. The Court held that surveillance footage conclusively showed the minor did not fall into an “open trench” as alleged, but instead fell after voluntarily jumping over a temporary construction fence stabilizer.
In addition, BWB&O successfully argued that because the complaint was premised on a factually impossible theory and plaintiffs may not defeat summary judgment by introducing new, unpled theories in opposition, the Court ultimately agreed and found there were no triable issues of material fact, and entered judgment as a matter of law.