Gray•Duffy Attorneys Obtain Favorable Ruling on Motions for Summary Judgment

May 2005

Michelle MacDonald and Rene Faucher from Gray•Duffy’s Encino office recently obtained favorable rulings on two separate motions for summary judgment. Our office represented two parties, Century City Medical Plaza Land Company and Realtech Leasing & Mangement Company, who owned and managed the building which housed the Century City Hospital.

The case involved the plaintiff, a nursing assistant, who allegedly stepped into an elevator that dropped 11 floors. The elevator stopped suddenly, causing her neck and back to compress, but not causing her to fall. Plaintiff was eventually totally disabled with a diagnosis of thoracic and cervical strains.

The case presented the issue of whether a landowner can be liable for the personal injury to a person on the land as the result of appliances which the landowner has neither possession nor control over. The other issue presented was whether an express indemnity provision can be enforced by motion.

The first summary judgment motion was on plaintiff’s complaint and argued that Century City Medical and Realtech could not be negligent because they did not have possession or control over the subject elevator, nor did they have any notice of any defects in the elevator. The evidence of lack of possession and control was the lease of the hospital building to TENET. The court agreed with our position and the motion was granted.

The second summary judgment motion was on our clients’ cross-complaint for express indemnity against the hospital’s lessee, TENET. The motion was based on the terms of the indemnity provision in the lease. Although the indemnity clause was vague and probably did not provide for indemnity for our clients’ own negligence, we argued that there was no evidence of negligence on our clients’ part and that existing evidence demonstrated that there could be no negligence because they had neither possession or control over the elevator. The court agreed and the motion was granted.

Janet Nunez v. Century City Hospital. Los Angeles Superior Court Case No. 04T01055

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.