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Stacey Gorny Obtains Summary Judgment in Premises Liability Case

Summary Judgment
Posted: May 17, 2022

Partner Stacey Gorny successfully obtained summary judgment and dismissal of all claims against our client, a paving company, in a premises liability case.  In this case, the plaintiff ran her bicycle into a roadway defect and then sued the County and our client, the roadway paving contractor who constructed the pathway seven years prior.  The claim was that our client negligently installed the pathway which caused it to settle, leaving a “lip” for plaintiff’s bicycle tire to get stuck on.  Plaintiff sustained extensive injuries to her knee in the accident and required reconstructive surgery.  In support of the motion, we retained an expert who opined that our client’s installation and construction of the pathway did not cause or create the settlement of the pathway.  Plaintiff also retained an expert to oppose the motion.  Ultimately, the Court agreed with Stacy’s arguments, granted the motion for summary judgment, and dismissed plaintiff’s claims.