Summary Judgment Granted in Premises Liability/Wrongful Death Case

January 1, 2004

Tom Y. Mei, Michelle A. Hancock and Richard D. Newman recently scored a victory in a Premises Liability/Wrongful Death case via a motion for summary judgment for C.M. Electric Company.

Plaintiff was installing pipes in a warehouse that was undergoing renovations. He used a heavy extension ladder to gain access to the ceiling of the electrical room. While he & his wife were working (she was assisting him), some of the overhead lights shut off because the warehouse was closing. While plaintiff went to turn on the lights, his wife fell off the ladder and died from a head wound.

Plaintiff sued the owner, general contractor and all subcontractors (whom he alleged had used the ladder at various times) for premises liability, arguing that the ladder was in a dangerous location and that the lights were off. Defense moved for a summary judgment which relied on plaintiff's deposition which was speculative as to defendants involvement. The defense's motion for summary judgment was granted and defendant was successfully extricated from the case.