Bremer Whyte Brown & O’Meara, LLP is excited to share that Partner Bryan Stofferahn and Associate Jeffrey Schilling recently won their Motion for Summary Judgment in favor of a prominent Bay Area Grocery Store, and long-time client of the firm.
BWB&O’s Client is a regional Grocery Store with locations throughout California and Nevada. The Client was sued in an action pertaining to a claimed dangerous condition of public property, resulting in a vehicle versus pedestrian collision in an intersection, adjacent to a Northern California store of BWB&O’s Client. The Plaintiff asserted our Client allowed the use of the store’s parking lot as a pickup and drop-off location by agricultural laborers, resulting in increased pedestrian and vehicle traffic, which the surrounding streets were not capable of accommodating thereby creating an allegedly dangerous condition.
BWB&O attacked the claims from the start, forcing Plaintiff to specify factual allegations and reasons for the claimed dangerous condition. Thereafter, with the scope of the claims confirmed, BWB&O used targeted discovery to determine the existence of any triable issue of fact, and the applicable duty of our client. BWB&O then filed its Motion for Summary Judgment as to the entire complaint, asserting plaintiff was not owed a duty of care as the incident occurred on public property, and the increased traffic was not a dangerous condition. The Court examined the controlling judicial authorities, ruled in our client’s favor, and granted Summary Judgment!