DAR SCORES ANOTHER MSJ VICTORY

DAR SCORES ANOTHER MSJ VICTORY

Randy Moss and Lisa Pan scored another MSJ victory for our clients.  In Cuadros v. Vergara, San Joaquin County Superior Court, plaintiff pest control contractor came to defendant’s house to inspect work his company had performed near the roofline of defendant’s home.  According to Plaintiff, Defendant supplied a folding ladder, set it up and leaned it up against the house so that Plaintiff could climb up and view the work, but plaintiff claimed defendant set the ladder up negligently, causing it to collapse and leading plaintiff to fall and sustain injuries to his foot and ankle.  Plaintiff alleged causes of action for negligence and premises liability.  We filed a Motion for Summary Judgment.  The court agreed with our arguments that plaintiff failed to carry his burden to prove either that Defendant breached a duty of care or that Defendant’s conduct was the proximate cause of plaintiff’s injuries.  The court further agreed that the doctrine of res ipsa loquitur should not be applied in this case.  The Court granted the motion and entered judgment in favor of Defendant, including an award of costs.

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