Tyler D. Offenhauser and Therese M. Ellis forced adverse counsel to dismiss their Cross-complaint by filing a pro-active Motion for Summary Judgment involving a premises liability and negligence case. In this case, Plaintiff filed a Complaint against the Defendant HOA alleging a slip and fall accident as a result of slipping on a pile of leaves and debris on the sidewalk at the subject property. The property was owned and managed by the Defendant HOA. The Defendant HOA filed an Answer and Cross-complaint against BWB&O’s client for Comparative Negligence, Implied Indemnity, Contribution, and Declaratory Relief.
Through meticulous preparation, thorough research, and strategic advocacy, Therese Ellis prepared and filed a Motion for Summary Judgment arguing that the client had no duty to perform landscaping services on the date of loss, had no notice of any dangerous condition, and that Plaintiff assumed the risk of such condition.
Neither Plaintiff nor the Defendant HOA opposed the Motion for Summary Judgment. Therese Ellis promptly filed a Notice of Non-Opposition, informing the Court of Plaintiff’s and Defendant HOA’s failure to respond and requesting that the MSJ be granted in full. As a result, the Defendant HOA immediately dismissed BWB&O’s client from the case.
This is a tremendous win for the client, sparing them from prolonged litigation and potential liability. BWB&O’s dedication to strategic, results-driven advocacy continues to deliver outstanding results for our clients. Please join us in congratulating Tyler and Therese on an outstanding defense win!