Case: General Personal Injury – Construction Site Fence
Counsel: Salvatore DeSantis and Robert Von Hagen
Result: Summary Judgment Granted Against Plaintiff in Favor of Construction Company
This was a negligence action in which plaintiff sought damages for personal injuries allegedly sustained when she was struck by a portion of a dislodged construction fence owned by a co-defendant. Our client did not own the premises where the plaintiff was allegedly injured, did not perform any work on the premises, and did not repair, alter or have any responsibility for the premises or maintenance or construction of the fence around it. Our client did obtain a permit for the construction fence at the request of the premises owner, but the permit was issued to our client after the plaintiff’s alleged incident. As such, our client did not owe a duty of care to the plaintiff. We moved for summary judgment on behalf of our client, which was granted by the Court, dismissing the complaint.