Las Vegas Partners Megan Dorsey and Mark Roach received an excellent result on behalf of a contractor client.
KNCH moved for summary judgment against a Plaintiff who alleged personal injuries when he crashed his bicycle after encountering a portion of roadway where asphalt had been removed. Our client was alleged to have been responsible for the construction area at issue. After conferring with the client and reviewing public documents, KNCH confirmed that the client was working nearby on the day of the accident, but that other entities were responsible for the construction zone at issue. Despite the public record evidence and deposition testimony as to where our client was working at the time, Plaintiff’s counsel refused to dismiss the client from the case maintaining that the client should have to contest its liability at trial with the other defendants. The Motion for Summary Judgment was filed in July 2020. The Court continued hearing on the motion several times to permit Plaintiff time to conduct additional discovery, all of which confirmed our client’s position. After seven months, three different hearings, and three supplemental replies in support of its Motion, the Court granted summary judgment ruling that KNCH’s client could not have been responsible for the area at issue. The decision is a victory on behalf of our client.