Success in Dismissing Negligence Claims Arising from Fire Incident
Aug 18, 2023 - Firm News, News by Defense Counsel
Samantha Ryan recently secured a favorable outcome as she obtained a ruling in our client’s favor on a motion for summary judgment seeking the dismissal of negligence claims against our client. These claims were initiated as a subrogation action, seeking a total of $240,000. The claim emerged following a significant four-alarm fire that occurred at the client’s leased premises, resulting in the complete destruction of the building and causing smoke damage to neighboring residences.
A subsequent related legal action was also brought against our client, involving substantial claims in the six-figure range pertaining to damages suffered by these neighboring properties. Through negotiation, she was able to secure a voluntary dismissal of these claims, drawing upon similar arguments presented in her motion for summary judgment.
Ms. Ryan’s success hinged on her compelling argument, supported by expert reports, which highlighted the inability to conclusively determine the fire’s cause. This foundation allowed her to assert that the plaintiff could not establish our client’s negligence. The Court found merit in our position, resulting in the granting of the motion and the subsequent dismissal of all claims against our client.