“Victory is our client’s!”

Senior Partner Chris Scheley and Associate Kirill Devyatov prevailed on a Motion for Summary Judgment in a premises liability action filed against our client and his three brothers in Sonoma County. The plaintiff (a real estate agent) was voluntarily assisting the Defendant brothers in painting their property, when he fell from a self-supporting A-frame ladder provided by one of the brothers. Plaintiff claimed that he fell because the Defendants failed to protect against harm and failed to discharge their duty by failing to hold the ladder plaintiff fell from. His wife sought loss of consortium damages.

In oral argument, Chris and Kirill convinced the judge that plaintiff did not produce any evidence establishing that holding the ladder or not holding it would have made any difference in the ladder’s stability, and that there was no evidence establishing a causal link between the Defendant brothers’ conduct and the plaintiff’s fall.