Bremer Whyte Brown & O’Meara, LLP is proud to announce Partner Anthony Garasi, Senior Associate Madeline Arcellana, and Associate Laura Rios successfully won a Motion for Summary Judgment (“MSJ”), while also defeating two competing MSJs filed by Plaintiff, and ultimately obtaining a full dismissal of their landowner client against claims of premises liability.
Plaintiff, who sued both BWB&O’s client (the landowner) and its tenant, alleged injury when he slipped and fell, while utilizing a temporary wooden board as a ramp that was placed on the subject property by the tenant, who was occupying the property subject to a lease-to-own arrangement with BWB&O’s client.
In this Motion practice, the BWB&O team successfully obtained a ruling from the Court to find that BWB&O’s client had effectively contracted to delegate its maintenance responsibilities to its tenant, and also that the tenant owed BWB&O’s client full indemnity for Plaintiff’s alleged losses.
Through unrelenting formal discovery, vigilant statutory and case law research, and well-articulated moving papers, Mr. Garasi, Ms. Arcellana, and Ms. Rios successfully convinced the court to rule in their client’s favor on every single issue, and without oral argument. Not only did this ruling yield a dismissal of BWB&O’s client but it ultimately led to the full resolution of the case.
Please join us in congratulating Anthony Garasi, Madeline Arcellana, and Laura Rios on obtaining this fantastic outcome!