Global law firm Clyde & Co recently won a victory for its client, a national real estate company, in a negligence and tort lawsuit filed in Los Angeles Superior Court. On January 13, 2022, the Court granted a motion for summary judgment filed by the defendant real estate company.
The Clyde & Co team, consisting of Los Angeles-based partner Alison K. Beanum and partner Nicholas I. Myers, argued the case, prepared the motion for decision and successfully obtained the dismissal of the motion. ‘lawsuit.
The lawsuit stemmed from an alleged slip-and-fall incident resulting in significant injuries. Plaintiff, a tenant of one of Defendant’s residential apartment complexes, alleged that Defendant breached its duty of care by failing to post warning signs and/or tape at the location where she had slipped and fallen. In his moving papers, the defendant argued that he had no obligation to warn the plaintiff of the dangerous condition – slippery road due to rain – because the condition was sufficiently obvious.
In its decision, the Court dismissed all claims against the defendant, finding that the plaintiff had failed to demonstrate questionable facts as to her awareness of the dangerous condition. The Court further held that the allegedly dangerous condition was overt and obvious, and that the plaintiff had failed to meet her burden on the question of duty. After oral argument, the Court concluded that the defendant was entitled to a judgment at law, dismissing the case entirely.
