In two separate premises liability cases, Woodland Hills Partner Jack Briscoe and Senior Associate Dean Solomon were able to obtain dismissals of plaintiffs’ complaints and the cross-complaint of one of the cities without filing dispositive motions. In both cases, plaintiffs, one with a broken shoulder and the other a broken wrist, alleged that BWB&O’s clients were liable for plaintiffs’ injuries which were sustained when plaintiffs tripped and fell on raised portions of sidewalks adjacent to BWB&O’s clients’ premises. In one case, the City of West Hollywood also cross-complained against BWB&O’s client. In the other case, the City of Long Beach was persuaded not to file a cross-complaint against BWB&O’s client.
Upon receipt of the complaints and cross-complaint, Mr. Briscoe and Mr. Solomon called and wrote to both plaintiffs’ counsel and to counsel for the City of West Hollywood and explained the state of the law to all counsel, namely that BWB&O’s clients could not be held liable for growth of tree roots that resulted in the raised sidewalks and which did not originate from the BWB&O clients’ properties, and that BWB&O clients’ could not be held liable for failing to warn of the condition of the sidewalk. Since there was no evidence in either case that BWB&O’s clients had done anything to contribute to the defective condition of the sidewalk, there could not be any liability on BWB&O’s clients.
Mr. Briscoe and Mr. Solomon advised counsel for both plaintiffs and counsel for the City that if they did not voluntarily dismiss BWB&O’s clients, BWB&O would file Motions for Summary Judgment which would certainly be granted in favor of BWB&O’s clients.
Without even having to engage in discovery, plaintiffs in both cases and the City of West Hollywood agreed to dismiss BWB&O’s clients, saving the clients fees and costs associated with litigating the matter further.
By spotting the issues early, and knowing the law, Mr. Briscoe and Mr. Solomon were able to extricate and exonerate their clients completely without even taking a deposition or paying a dime in settlement. Please join us in congratulating the Woodland Hills team!
