In a major victory for the defense, the California Court of Appeal affirmed a summary judgment in favor of WSHB's client involving a significant injury case brought by a longshoreman who was injured at the Port of Long Beach. The plaintiff, who alleged a traumatic brain injury and orthopedic injuries after his rig tipped over while hauling cargo at the Port, originally sought $20 million in damages. This appellate decision marks a rare complete dismissal in this high-stakes area of law.
WSHB partner Keith Smith secured the outcome by filing a motion for summary judgment, which was granted by the trial court. The plaintiff appealed the decision, but on appeal, the court upheld the lower court's decision and agreed that the defendant had no legal duty to the plaintiff and was not vicariously liable under California law. Further, the Court of Appeal agreed with WSHB's arguments that the plaintiff was limited in opposing the summary judgment motion to the allegations of the complaint and could not present facts or allegations outside of the complaint to create a triable issue of material fact.
WSHB partner and certified appellate specialist, Steve Disharoon, handled the appellate briefing and oral argument before the Court of Appeal. "This case exemplifies the strength and potential of thorough legal analysis and advocacy," said Disharoon. "The Court of Appeal's decision reinforces well-established principles of California law, particularly the limited liability of parties who contract with independent contractors and how oppositions to summary judgment motions are limited by the allegations in the complaint."
The Court of Appeal found that WSHB’s client, the owner of the cargo on the rig when plaintiff's vehicle tipped over did not load or transport the cargo in question, nor did it provide any direction or control over its handling.
"Our client was unjustly drawn into this litigation despite having no role in the events that led to the plaintiff's injuries," said Keith Smith. "This result is a testament to our commitment to vigorously defending our clients against unwarranted claims, and we are proud to have achieved a just outcome on their behalf."
Plaintiff would not accept the minimal settlement offer made at mediation and sought a seven-figure settlement, resulting in WSHB proceeding with the summary judgment motion.
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