Gray·Duffy Obtains Dismissal in Personal Injury Action

April 2011

Overview

Michelle MacDonald of Gray•Duffy’s Encino office successfully negotiated for a dismissal of the plaintiff’s complaint the plaintiff in a slip and fall personal injury case.

Discussion

Gottier v Washington Mutual

The plaintiff alleged that she slipped and fell while using the defendant’s ATM. The plaintiff sued Washington Mutual bank, who then cross complained against the maintenance company who was represented by Gray•Duffy.

The plaintiff claimed that she slipped onto her knees which allegedly resulted in a soft tissue sprain and strain injuries. During the pendency of the litigation, the bank produced the ATM video that was recorded on or around the time the plaintiff claimed the accident occurred. The video depicted the maintenance company cleaning the floor and leaving and established that no one slipped within one hour of the floor being mopped. According to the video, the person who resembled the plaintiff entered the vestibule approximately one and half hours later, and she appeared to stumble but not fall as she described.

After authenticating the tape through the testimony of the head of bank security followed by the filing of a dispositive motion, the plaintiff agreed to the dismissal of her lawsuit and waiver of costs.

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.