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Summary Judgment Obtained on Behalf of Logistics Company in Premises Liability Suit

Matthew Tibble and Alex Beehler obtained summary judgment on behalf of a logistics company accused of negligence in a lawsuit where the plaintiff sought to recover for injuries allegedly sustained after falling. The logistics company faced two counts alleging negligence. One count alleged respondeat superior liability on the theory that employees of the logistics company created a defective condition that caused the plaintiff’s alleged injuries. The other count alleged negligent training and supervision.
Matt and Alex moved for summary judgment and argued that: (a) there was no agency relationship as a matter of law, (b) the logistics company owed no duty to the plaintiff, and (c) the plaintiff’s injury was caused by an open and obvious condition. The Court agreed, granted summary judgment, and dismissed the claims against the logistics company with prejudice.

October 2021