No Liability for Beverly Hills Clothing Boutique

January 1, 2003

On May 11, 2001, plaintiff, a 72-year-old woman was walking behind the St. John Boutique in Beverly Hills when a gust of wind allegedly blew a trellis on top of her. At the time of the incident, St. John was preparing to host a tea party for the National Arts Council. Defendant, Jackson's Catering had been hired by St. John to set up and cater the event. Jackson's Catering rented the trellises from defendant, Regal Rent.

Rebecca J. Sobie of the firm's Los Angeles office filed a Motion for Summary Judgment on behalf of defendant St. John Knits, arguing that St. John could not be liable for plaintiff's injuries because St. John had assumed no responsibility for the supervision, control, observation, direction or any other input regarding the placement and set-up of the trellises, which allegedly caused the accident. Plaintiffs argued that St. John retained control by having ordering its own champagne, glasses and flowers; that St. John was vicariously liable under the "Peculiar Risk Doctrine"; and, that St. John failed to obtain a permit from the City of Beverly Hills. The court disagreed and granted summary judgment in favor of St. John Knits on December 27, 2002.