Robert Scherk's Case Featured as Top Defense Case Daily Journal Verdicts & Settlements

December 10, 2024

Daily Journal

The Daily Journal, Verdicts and Settlements Section, published a result in favor of Murchison & Cumming's client in their Top Defense Cases. In a case involving ADA-compliance renovations, attorney Robert M. Scherk successfully defended Aero Properties and its principal, William Gibbs, against a $5 million demand for alleged negligence and premises liability. The plaintiff, a manager at a Midas shop in San Diego, argued that restroom upgrades led to unsafe conditions, which he claimed caused him injury. Aero Properties argued that as landlords they had no duty to the plaintiff since they had leased the property to his employer. According to Garcia vs. Holt, landlords are only liable for injuries on leased property if they are aware of a hazard and can address it. Aero Properties asserted that they did not know of any dangerous conditions nor had control over the dangerous conditions once the lease was in place.

The court examined these points and found that the landlord had relinquished responsibility through the lease, which placed safety obligations with the tenant. The evidence showed no indication that Aero Properties had knowledge of or control over any alleged hazards.