Therese Ellis argued that the client had no duty to perform landscaping services on the date of loss, had no notice of any dangerous condition, and that Plaintiff assumed the risk of such condition.
Tyler D. Offenhauser and Therese M. Ellis forced adverse counsel to dismiss their Cross-complaint by filing a pro-active Motion for Summary Judgment involving a premises liability and negligence case. In this case, Plaintiff filed a Complaint against the Defendant HOA alleging a slip and fall accident as a result of slipping on a pile of leaves and debris on the sidewalk at the subject property. The property was owned and managed by the Defendant HOA. The Defendant HOA filed an Answer and Cross-complaint against BWB&O’s client for Comparative Negligence, Implied Indemnity, Contribution, and Declaratory Relief.
Through meticulous preparation, thorough research, and strategic advocacy, Therese Ellis prepared and filed a Motion for Summary Judgment arguing that the client had no duty to perform landscaping services on the date of loss, had no notice of any dangerous condition, and that Plaintiff assumed the risk of such condition.