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PREMISES LIABILITY: Superior Court grants Motion to Strike in premises liability case, holding that duty of possessor does not protect people of “frail stature, advanced years, diminished health, and those with other limitations”

The court granted defendant’s Motion to Strike the Second Count as failing to state a legally cognizable cause of action sounding in negligence.  The plaintiff attempted to bring a two-count complaint sounding in premises liability and negligence.  The plaintiff claimed…

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FIRM NEWS — PREMISES LIABILITY: In a case defended by Jackson O’Keefe, LLP, the Appellate Court affirms summary judgment for the defendant, holding there is no duty to control conduct of a third party where no special relationship existed

The Appellate Court upheld trial court’s granting of defendant homeowner’s Motion for Summary Judgment ruling that the defendant owed the plaintiff no duty.  The estate of the decedent  brought a negligence and premises liability against the defendant for failure to…

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PREMISES LIABILITY: Appellate Court finds trial court mischaracterized claims of ordinary negligence as a premises liability case as to snow contractor; possession and control not required as to contractor

In the original action, the plaintiff sued the defendant Jones Landscaping after the plaintiff slipped and fell on ice and sustained various injuries. Jones Landscaping moved for summary judgment. The Superior Court granted the motion for summary judgment, finding that…

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CONTRACTUAL LIABILITY: Superior Court finds duty to defend and indemnify under contract where allegations of complaint allege negligent acts that could be attributable to duties of defendant under security contract

The court found that a security company breached its duty to defend and indemnify a mall by failing to accept the tender of a defense and failing to indemnify for damages paid to the estate of the deceased claimant. Both…

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CONTRACTUAL INDEMNITY: Superior Court denies Motion for Summary Judgment as provision to indemnify and hold harmless in construction contract is found to be ambiguous, creating a genuine issue of material fact

The defendant, HOTH, moved for partial summary judgment on the issue of duty to defend and indemnity pursuant to provisions in construction contracts.  The defendant argued that pursuant to the provisions of the construction contract the contractor was obligated to…

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