Los Angeles Office Partner Matthew Gardener and Associate Maryan Lowery Secure Complete Defense Victory on Motion for Summary Judgment in Premises Liability Case
Congratulations to partner Matthew A. Gardner and associate Maryan L. Lowery who secured a complete defense victory on a Motion for Summary Judgment in a premise liability action involving a violent third-party crime. The plaintiff, an unlawful subtenant, was injured in a violent stabbing that occurred at the defendant’s property. The plaintiff alleged that the property owner and the management company should have foreseen and prevented the attack based on the allegedly dangerous neighborhood and alleged maintenance issues at the property pertaining to allegedly broken locks and doors. Representing the property owner and the property’s management company, Mr. Gardner and Ms. Lowery successfully challenged the scope of duty asserted by the plaintiff. The Court agreed with our defense position that the defendants did not owe a duty to prevent an unforeseeable criminal act based on generalized allegations about the neighborhood conditions or the existence of alleged maintenance issues. As a result, the Court granted summary judgment in favor of our clients, reaffirming important limitations on premises liability.