B&C attorneys, Susie Ingold and Ann Marie Stevens, recently won summary judgment on the issue of causation in a potential multi-million dollar case against a client, who is a national industry leader in general building construction. In 2011, the Plaintiff was injured after being struck by a vehicle in an active roadway as he crossed the street, outside of the designated crosswalk, and into oncoming traffic. B&C’s client constructed the stretch of the roadway where the Plaintiff’s accident occurred. Plaintiffs filed suit against multiple defendants, including B&C’s client, for negligence and loss of consortium. Plaintiffs argued that the street, as designed and constructed, was unreasonably dangerous and caused Plaintiff’s alleged catastrophic injuries.
On behalf of its client, B&C moved for summary judgment as to all of Plaintiffs’ claims on various grounds, including causation. After considering briefing and oral argument, the Court granted B&C’s motion and dismissed Plaintiffs’ lawsuit by holding that a reasonable jury could not find any of the defendants, including B&C’s client, were at fault for the collision. This is an exceptional victory in light of the difficulties associated with obtaining summary judgment—especially on the issue of causation.