Gray•Duffy, LLP Obtains Summary Judgment in Favor of Client in Premises Liability Case

August 2014

Overview

Richard M. Williams of Gray•Duffy’s Redwood City office obtained a summary judgment on behalf of the firm’s client, Douglas Parking of Oakland, California.

Discussion

County of Solano v. Douglas Parking and First Building Maintenance Gray•Duffy defended Douglas Parking in a premises liability lawsuit brought by a woman who was an employee of the County of Solano. She was on her way to a work-related meeting when she slipped on a wet spot in the defendant’s parking garage. She sustained serious back and shoulder injuries, requiring two surgeries and essentially disabling her for a period of two years. Following the accident, she was able to return to work on a part-time basis. It was raining on the day of the accident and several other County employees drove to the same parking garage and witnessed the fall. The woman was not able to testify as to what caused her to slip neither were her co-workers who witnessed the fall. She was likewise not able to testify that she slipped on any water or substance that was on the floor of the garage. In spite of that, the County chose to pursue a subrogation claim on the basis that there was improper maintenance and/or design of the parking garage. The subrogation claim by the County of Solano was in excess of $400,000 for worker’s compensation benefits, primarily medical expenses in ongoing disability payments. There was also a personal claim for the woman being brought by the County on her behalf, which was likewise dismissed by the court. While summary judgments by both Douglas Parking and its co-defendant First Building Maintenance were pending, a settlement conference was held and the defendants jointly offered $17,000 to the County. Even though the tentative ruling was to grant the summary judgment motions, the County refused to accept this offer. Following oral argument of the motion, the tentative ruling was ultimately adopted and the case was dismissed. Following the dismissal, Douglas Parking perfected a cost bill of nearly $8,000. Ultimately, the County suit was dismissed based upon the County waiving any appeal rights in exchange for Douglas Parking waiving its cost bill.

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