Gordon Rees Scully Mansukhani Partner Christine D. Barker and Associate Robin G. Sagstetter secured a summary judgment victory in the Superior Court of California, County of Los Angeles, on behalf of the firm’s client, a property owner, in a negligence and premises liability lawsuit.
The plaintiff alleged that he was walking on a sidewalk when he moved to the right of the sidewalk to avoid trash, debris, and a homeless individual in his path. When he moved, he stepped into a tree well that was not level, lost his balance, and fell. He asserted premises liability and general negligence claims against the owner of the property adjacent to the sidewalk, based on an alleged failure to maintain the tree well or keep the sidewalk clear.
Following depositions and discovery, the GRSM team moved for summary judgment, arguing that the defendant owed no duty to maintain a tree well that was owned, controlled, constructed, designed, and maintained by the city or to remove a homeless individual and their belongings from an adjacent public sidewalk. The court agreed with GRSM’s argument and granted the motion for summary judgment, dismissing the case against the firm’s client with prejudice.