Wood Smith Henning & Berman successfully secured summary judgment in a premises liability case where plaintiffs sought up to $500,000 in damages. Despite aggressive settlement demands and shifting liability theories, WSHB's strategic approach ultimately led to a decisive victory for the client.
Substituted into the case in August 2024, WSHB partner Alicia Kennon and senior associate Illise Schulman, quickly conducted an independent investigation, revealing that no witnesses could support the plaintiff's slip and fall allegations. Recognizing the weaknesses in the plaintiff's causation theory, the defense team recommended a motion for summary judgment. Confident in the strength of their argument, they extended a CCP §998 offer to compromise at $150,000.
Plaintiff's counsel, however, repeatedly escalated settlement demands, ultimately reaching $500,000 by early 2025. Even after a tentative ruling strongly favoring the defense, plaintiff's counsel refused to concede, countering a final defense offer of a cost waiver with a $175,000 demand. The court was unmoved by plaintiff's arguments and adopted its tentative ruling as final, ending the case entirely.
"This case is a reminder of the importance of thorough case evaluation and a willingness to take a strong stand when the facts and the law support it," said Kennon, who expertly led the defense team. "Our strategic approach ensured that our client did not have to pay a meritless claim."
Schulman added, "We remained focused on the core legal issue, causation, and did not let plaintiff's shifting demands dictate our approach. The court's ruling validates our position and protected our client from an unfounded claim."
With the case now concluded, WSHB will pursue recovery of over $30,000 in costs incurred during the defense, The firm continues to be a trusted advocate for clients facing complex litigation.
Wood Smith Henning & Berman: Your Trusted Partner
Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 42 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.