Wood Smith Henning & Berman is proud to share a hard-fought victory for the defense, with senior counsel Megan Michaud successfully arguing a motion for summary judgment in a complex premises liability case. The outcome is particularly noteworthy given the challenges of prevailing on summary judgment in negligence cases, especially given the serious nature of the plaintiff's alleged injuries.
The plaintiff brought a suit against WSHB's client claiming that they negligently maintained the premises, which resulted in the plaintiff slipping and falling on a sidewalk. The defense argued that there was no evidence of a defective condition and that the defendants had no actual or constructive notice of a hazard. The court ultimately agreed and ruled in favor if the defense, dismissing the claim.
"This ruling underscores the importance of clear, specific evidence in premises liability claims," said Michaud. "The court's decision reaffirms the legal standard that a plaintiff must establish both the existence of a defect and the defendant's actual or constructive notice of that condition. In this case, the evidence simply did not support the plaintiff's claims."
The defense team's success highlights the rigorous evidentiary burden required to achieve summary judgment in negligence cases. "We are pleased with the court's ruling, which reinforces the principle that speculation is not a substitute for evidence," added Michaud.
Kate Adams, a partner in Connecticut, also praised the outcome stating, "Prevailing on summary judgment in a negligence case is no small feat, and Megan's meticulous preparation and persuasive argumentation were key to this victory. This result reflects an exceptional level of legal skill and dedication to our clients."
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