Through tireless persistence, meticulous strategic planning, and skillful advocacy, Newport Beach Associate Bryan Gleason successfully secured a grant of our Motion for Summary Judgement (MSJ) in a complex case involving two separate motor vehicle accidents that occurred near the same time and at the same location. This matter involved six Plaintiffs within the same vehicle who struck a low-hanging non-electric wire while driving on a highway. The cause of the low-hanging wire was determined to be the actions of another vehicle that struck the wire moments before the Plaintiffs drove into it. Plaintiffs alleged in their operative complaint that our Client, who was conducting work on the highway, failed to shut down the highway which they were working on within minutes following the first accident and that our Client failed to warn drivers of the downed wire and debris.
Bryan successfully shifted the burden to Plaintiffs by demonstrating that Plaintiffs had no triable issues of material fact as to our Client through Plaintiffs’ own admissions, declarations, and various deposition testimonies. Despite this, Plaintiffs attempted to create an issue of material fact through the use of late-filed opposition paperwork, which included self-serving declarations. However, Bryan persuasively argued that these efforts were insufficient to meet Plaintiffs’ burden at the opposition stage. Further, Bryan successfully argued that Plaintiffs’ opposition should also fail on a procedural level.
The Court agreed and found that the team met its burden, and Plaintiffs failed to establish their case both procedurally and substantively. As MSJs are rarely granted, this MSJ represents a significant achievement, especially in light of the fact that this matter was ongoing for five years, and Plaintiffs appeared to be fully prepared to take this matter to trial. This MSJ also highlights our team’s outstanding ability to deliver exceptional results amid complex legal challenges.
Congratulations to Bryan Gleason on this fantastic result!