Two Recent Motions for Summary Judgment Granted


Colette Magnetta moved on behalf of an event promoter defendant. Plaintiff claimed insufficient crowd control at a concert-like event allowed an unexpected bump which caused him to fall on stairs and incur a brain injury. Defendant asserted that it did not owe a duty to plaintiff for the unforeseeable touching and causation was speculative. The Court granted summary judgment.

Stephen Acker and Kelley Harman obtained summary judgment in behalf of a candle manufacturer defendant. The mother of two young boys lit a candle in their room and fell asleep. Soon after, LA Fire Department responded to a fire at the home in which the boys had both perished. LAFD recovered no physical evidence of a candle from the scene. The deceased boys’ parents sued the candle manufacturer and alleged, through their expert, the candle cracked and/or the glass casing was designed insufficiently to resist high temperatures. Plaintiffs’ expert provided no factual or evidentiary basis for his opinions, and all of defendant’s objections in this regard were sustained. With no evidence of a design defect, the Court granted summary judgment.

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