Gray•Duffy successfully negotiates dismissal of client in premises liability lawsuit.

June 2018

Overview

Gray•Duffy’s Redwood City office obtained dismissal of premises liability lawsuit against its clients, Skyline Plaza Shopping Center and Property Management Services, Inc.

Discussion

Pezzoni v. Skyline Plaza Shopping Center

Richard M. Williams and Kathryn T. Camerlengo of Gray•Duffy, LLP’s Redwood City office obtained dismissal of a negligence and premises liability action against its shopping center/property management clients arising out of an alleged trip and fall incident that occurred on February 18, 2016 at the Skyline Plaza Shopping Center in Thousand Oaks, California. On that day, plaintiff Deborah Pezzoni a beautician employed by a tenant in the shopping center was leaving work after dark when she alleges she tripped and fell in a depression in the parking lot of the center, allegedly caused by defective and dangerous ongoing construction activities undertaken by the defendants.

After necessary depositions and written discovery had been completed, Gray•Duffy, LLP filed a motion for summary judgment on behalf of the shopping center and management company, alleging that there was in fact no dangerous condition of the property of which it had actual or constructive notice at the time of the plaintiff’s fall and injury.

Following the filing of the motion, the attorney representing plaintiff Pezzoni withdrew from the case and Ms. Pezzoni proceeded representing herself in pro per.

The day before her opposition to the summary judgment motion was due to be filed with the court, plaintiff Pezzoni contacted defense counsel and indicated she was willing to dismiss her case with prejudice in exchange for a waiver of any costs or attorney’s fees claims. The case settled on that basis and a dismissal with prejudice of the entire action was filed with the court.

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.