Wisda-Fisher v. IMAX Corp. et al

Guy R. Gruppie, Joshua M. Rosen and Rebecca J. Sobie obtained summary judgment on behalf of their client, the California Science Center in a case arising out of a serious slip and fall accident that occurred at the Imax Theatre in Exposition Park.

Plaintiff contended that inadequate lighting and the configuration of the theatre created a dangerous condition that led to her breaking her right leg in a fall between seats and stairs. She had demanded $700,000 to settle her case.

The Center’s motion drafted by Rebecca Sobie was based on the arguments that it did not own, maintain or control the premises and that if a dangerous condition existed, it was the responsibility of others. The Center argued alternatively that since the theatre was constructed, more than $1 million patrons had successfully used the seats and stairs without incident.

The Court found that as a matter of law, the Center owed plaintiff no duty, and entered judgment in its favor. An appeal is anticipated.