Bendix Wins Summary Judgment

October 7, 2016 | General Liability

On September 30, 2016, our client, Aaron’s, Inc. was granted summary judgment dismissing plaintiff’s complaint in this matter.  Plaintiff claimed that when she exited a bus she tripped on a broken curb adjacent to the sidewalk in front of the parking lot of a building that was occupied by Aaron’s and another tenant.  The curb that she tripped on was near the sidewalk apron.  Plaintiff contended that even though Aaron’s did not maintain or control the subject curb, there was a question of fact whether vehicles used by Aaron’s and Aaron’s customers caused the condition when exiting and entering the parking lot.  We contended that claim was speculative since other parties had access to the parking lot, including the other tenant.  Moreover, there was a bus stop at the subject curb and the condition could have been caused by buses that contacted the curb when stopping there.  The court agreed that the claim that Aaron’s caused the condition was speculative and, therefore, dismissed the complaint and all cross-claims.

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