Joseph King and Jameson Toner Prevail on Summary Judgment
Joseph A. King and Jameson W. Toner recently prevailed on a Motion for Summary Judgment resulting in the dismissal of all claims against their client in a premises liability case. Joe and Jamie represented an entity that owned and operated a national chain of gas stations and convenience stores. Plaintiff had alleged that she had fallen due to a substance that was in the parking area of the Defendant’s premises. Joe and Jamie argued that the plaintiff could not identify the color, consistency, dimension, or any other characteristic of the substance which had allegedly caused Plaintiff to fall. Joe and Jamie further argued that there was no evidence from which to conclude that the alleged substance was present prior to the injury, what caused the substance to be there, whether the defendant had actual knowledge of its existence or had a reasonable opportunity to discovery and remedy such condition.
After a hearing on the Defendant’s Motion for Summary Judgment, the Court found that the Plaintiff had no reasonable expectation of proving causation, an essential element of a negligence claim at trial, and the Court dismissed all of Plaintiff’s claims.