Civica Law and City of Lake Elsinore Remedy Another Blighted and Dangerous Property
Civica Law recently marked a significant achievement in Lake Elsinore, California, turning a...
Civica Law lawyers recently helped secure an early dismissal for a premises liability action against one of our clients.
The Incident
The lawsuit stemmed from a claim that the Plaintiff tripped and fell on an uneven concrete sidewalk in a major throughfare. As they were walking, the complaint stated, their foot became ‘caught or trapped in the uneven surface,’ causing them to lose their balance and fall to the ground. They claim that the fall caused several severe injuries and trauma to different parts of their body, including chipped teeth. They also alleged mental injury or emotional distress over and above what is usually associated with physical injuries claimed because of the incident.
Legal Action
The Plaintiff filed a lawsuit against our Client, contending that they owned, controlled, maintained, and were responsible for the inspection and repair of the sidewalk area where the injury occurred. It was alleged that the condition consisted of an uneven, irregular sidewalk surface that developed over time and had existed for a sufficient period before the incident that it would have been identified and addressed through reasonable inspection and maintenance. The complaint listed ‘Dangerous Condition of Public Property’ and ‘Negligence’, with the Plaintiff seeking monetary remedy.
The Outcome
After experts concluded that the injury did not occur on land owned, managed, controlled, or maintained by our Client, the Plaintiff was faced with very pointed discovery which identified the misjoinder of the lawsuit, with the Counsel agreeing to dismiss the case as no plausible theory of liability could be maintained. Civica Law successfully obtained an early dismissal before the case moved to trial.
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Legal Disclaimer: This blog provides updates and insight on current municipal legislation and is not intended as legal advice. For specific legal advice related to hoarding house compliance assistance or any other municipal law issues, please contact Civica Law directly.
