Court of Appeal Affirms Dismissal of Suit against Gray•Duffy’s client in Serious Personal Injury Lawsuit, with Costs Awarded to the Defense

January 2012

Overview

After the trial court sustained Gray•Duffy’s demurrer to the plaintiffs’ Second Amended Complaint for serious injuries sustained as a result of a train accident, an Order of Dismissal was issued. On appeal, the Court of Appeal for the Fourth District upheld the trial court’s decision and affirmed the dismissal.

Discussion

Aaron M. Tucker, et al. vs. CBS Radio Stations Inc., et al.

In an action for injuries sustained as a result of a train collision at an event, Gray•Duffy represented defendant Jeanne Boardman dba Boardmanville Trading Post (“Boardman”). After the plaintiffs’ third attempt to present a viable complaint, Gray•Duffy filed a demurrer which was sustained without leave to amend. Thereafter, the trial court issued an order dismissing Plaintiffs’ Second Amended Complaint against Boardman and co-defendants CBS Radio Stations. Boardman was awarded costs in the amount of $6,826.81. Plaintiffs thereafter filed a Notice of Appeal.

The California Court of Appeal, Fourth District, Division One, in its written opinion, affirmed the trial court’s decision granting the demurrer and dismissing the Complaint as to Boardman and co-defendants CBS Radio Stations. The opinion was unanimous, authored by Justice James A. McIntyre with Presiding Justice Judith McConnell and Justice Alex C. McDonald concurring. The Court of Appeal certified the opinion for publication, which is cited as Aaron M. Tucker v. CBS Radio Stations, Inc, et al., (2011) 194 Cal.App.4th 1246.

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.