Gray·Duffy Obtains Dismissal Through Motion for Terminating Sanction

October 2010


Overview

Michelle MacDonald of Gray·Duffy’s Encino office filed a successful motion to dismiss the firm’s client due to the plaintiff’s failure to amend the complaint and engage in discovery.

Discussion

Aretina Davis v McDonald’s

The plaintiff, Ms. Aretina Davis, alleged that she was attacked by a fellow patron outside a McDonald’s restaurant where she had just made a purchase. The plaintiff alleged that the restaurant negligently failed to control her attacker who supposedly doused her with pepper spray outside the front door. Ms. MacDonald successfully challenged the pleadings and then utilized the plaintiff’s lack of cooperation during the discovery process before filing a motion for terminating sanctions. The court granted the motion, thus dismissing the case.

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.