Tag

Premises Liability

Court Grants Motion for Summary Disposition in Wayne County Circuit Court in Premises Liability Claim

Attorneys Deborah A. Lujan and Kari L. Melkonian won summary disposition in favor of defendant party supply store in a premises liability action arising out of a trip and fall over a hanger. The Court dismissed plaintiff’s complaint against the store owner with prejudice finding that the hanger was an open and obvious hazard and thus no duty was owed to plaintiff under the circumstances.

Court Grants Motion for Summary Disposition in Oakland County Circuit Court for National Pet Store Chain Sued in Dog-bite Case

Attorneys Kevin P. Moloughney and Scott J. Pawlak successfully obtained summary disposition in favor of a national pet store chain in a dog-bite case. The Court, agreeing with the defendant, found that Plaintiff’s claims failed because: 1) there was no precedent under either ordinary negligence or premises liability principles to impose a leash length requirement to protect customers from dogs owned by third parties, 2) there was no evidence that the pet store had prior knowledge of the dog’s vicious behavior, and 3) there was no evidence that the dog bite was created by the defendant’s active negligence. The Court also dismissed Plaintiff’s claims for negligent infliction of emotional distress and loss of consortium.

Court Denies Motion for Leave to Add Dismissed Premises Owner Back into Case

Attorneys Deborah A. Lujan and Kari L. Melkonian successfully defended a motion for leave to add a premises owner in a slip and fall case in the Wayne County Circuit Court. The premises owner had already been summarily dismissed from the matter based on the open and obvious doctrine. After unsuccessfully moving for reconsideration, the…

Court Dismisses Snow Removal Contractor from Premises Liability Case

Attorneys Kevin P. Moloughney, Kari L. Melkonian and Michael J. Cook successfully moved for summary disposition on behalf of a snow removal contractor in a premises liability matter in the Wayne County Circuit Court. The Court dismissed the plaintiff’s claim on the basis that the snow removal contractor owed no duty under the circumstances.

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