Los Angeles Office Prevails on Motion for Summary Judgment

February 4, 2021

Shareholder Angela Kim, Esq. successfully prevailed on a Motion for Summary Judgment on a slip and fall accident.  Our clients were two defendants – property owner and restaurant.  The Court found that we as the moving defendants met our burden on Summary Judgment by showing that we did not have actual or constructive notice of the alleged dangerous condition (Code of Civil Procedure section 437c).  We showed a lack of actual notice by submitting the declarations of supervisors indicating that no one informed any employee of the spill while it existed. We also showed a lack of constructive notice by showing that the period of time the dangerous condition existed was too short for them to be charged with knowledge of it. Under these circumstances, and relevant case law set forth in our Motion, and despite plaintiff’s opposition, the Court found that there was insufficient evidence to support an inference that the defendant proprietor failed to exercise the care required of the proprietor.  The Court found that plaintiff failed to raise a triable issue of material fact and granted the Motion for Summary Judgment and awarded costs to our clients as the moving defendants, thus eliminating a potentially significant exposure to our clients.

Ms. Kim is part of the Firm’s Los Angeles office.  She can be contacted by email at akim@ericksenarbuthnot.com and by telephone at (213) 489-4411.