BWB&O wins again! Partner Vik Nagpal and Associate Johnpaul Salem successfully moved for summary judgment in a premises liability case where Plaintiff fell off a wooden decking into a sand pit at a local bar and restaurant in San Diego. Plaintiff alleges he pushed his barstool off a wooden decking into a sand pit at our client’s open air/outdoor restaurant and bar, resulting in a claimed TBI and cervical spine injury. Plaintiff subsequently underwent two cervical fusions surgeries accumulating over $130,000 in medical specials. He also claimed lost earnings and lost future earnings because he is no longer able to work. Plaintiff’s counsel initially demanded $1 million and issued a 998 in the amount of $750,000.00.
After a vigorous oral argument, the Court agreed with our position and our dispositive Motion for Summary Judgment was granted. This is another fantastic victory for the clients of the firm!