Gray•Duffy convinces Plaintiff to voluntarily dismiss his personal injury lawsuit, in a trip and fall matter.

June 2018

Overview & Discussion:

Hugo Mendoza v Tarzana Terraces L P; G & K Management Co Inc

Michael Eisenbaum and Michelle MacDonald of Gray•Duffy’s Encino, CA office, successfully employed a defense strategy that convinced the Plaintiff and his attorney to dismiss their personal injury case.

Plaintiff, a visiting internet service technician, alleged that he tripped and fell on an exterior staircase at an apartment building owned and managed by Gray•Duffy’s clients. Specifically, he claimed that his foot got caught on raised piece of edge metal on one of the stairs as he was descending to retrieve some equipment from his truck. Plaintiff fell without reporting the incident to defendants although he did call in the accident to his supervisor, and indicated that he had injured his knee in the fall.

Plaintiff subsequently commenced a workers’ compensation claim and underwent surgery to his knee as a result of this incident. He also filed a personal injury claim against defendants claiming that the raised edge metal was a dangerous condition. However, after the completion of the depositions of the plaintiff and the complex manager, and upon urging from Gray•Duffy that he would shortly be subject to a motion for summary judgment, plaintiff voluntarily dismissed his case as he could not prove that the defendants had notice of the existence of the raised edge metal.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.