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San Diego Team Prevails Again on a Motion for Summary Judgment!

Congratulations on Another Win to San Diego Partner Vik Nagpal and Associate Christina Matian for Prevailing on a Motion for Summary Judgment in a Wrongful Death Case!

Plaintiff filed a wrongful death lawsuit alleging negligence against BWB&O’s client, an independent transportation provider. Plaintiff’s decedent requested a ride, and upon the driver’s arrival, decedent walked away and never entered the vehicle. Decedent subsequently traveled 4.5 miles away in an unknown vehicle, and exited on the freeway. Tragically, decedent was fatally struck by two cars thirty minutes after refusing the ride.

BWB&O moved for summary judgment arguing Plaintiff could not establish that the driver owed decedent a duty because the decedent never entered the vehicle. BWB&O argued the driver had no authority to exercise any restraint over the decedent given the refusal of the ride. BWB&O further argued the chain of causation was broken because of multiple intervening acts, including the decedent’s departure from the last known location in an unknown vehicle. BWB&O presented substantial evidence in support of the motion and successfully persuaded the Court there were no triable issues of material facts as to either duty or causation. The Court agreed and summary judgment was granted!

Please join us in congratulating Vik and Christina on this fantastic result!