Video Evidence Leads to Dismissal of Gray•Duffy’s Client in Personal Injury Lawsuit

July 2011

Overview

Michelle MacDonald of Gray•Duffy’s Encino office successfully negotiated the dismissal of a lawsuit by a woman who claimed to have fallen while using an ATM maintained by Gray • Duffy’s client, although video evidence proved otherwise.

Discussion

Gottier v Washington Mutual

The plaintiff, Ms. Gottier, claimed to have slipped and fallen while using a Washington Mutual ATM. She sued the bank, who then cross-complained against the maintenance company represented by Gray•Duffy.

Ms. Gottier claimed that she slipped onto her knees while using the machine, allegedly resulting in soft tissue sprain and strain injuries. However, an ATM video recorded around the time the plaintiff claimed the accident clearly showed this was not the case. The video depicted the maintenance company cleaning the floor and leaving. Approximately an hour and a half later, Ms. Gottier appeared onscreen, appearing to stumble but not fall. On behalf of her client, Ms. Macdonald successfully obtained an agreement for a dismissal of the lawsuit as well as a 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.