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Personal Injury
Premises Liability
Dangerous Condition

Jacqueline Alston v. Crenshaw Imperial Carwash Inc., and Does 1 through 50, inclusive

Published: May 21, 2016 | Result Date: Apr. 8, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC564664 Summary Judgment –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Lloyd Kirschbaum
(Law Offices of Lloyd Kirschbaum )


Defendant

Freddie Fletcher
(Law Office of Freddie Fletcher)

Anthony V. Martinez
(Sullivan Ballog & Williams LLP)

Kyle R. Dinicola
(Haight, Brown & Bonesteel LLP)

Brian L. Williams
(Greenberg Gross LLP)


Facts

Jacqueline Alston sued Crenshaw Imperial Carwash Inc., in connection with a fall at defendant's carwash.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant operated a carwash. Plaintiff claimed she fell on a dangerously mis-marked and visually confusing step in the pedestrian walkway. The subject step allegedly appeared the same as the floor due to the lack of any contrasting markings or other reasons. As such, plaintiff sued defendant for premises liability alleging negligence.

DEFENDANT'S CONTENTIONS:
Defendant disputed plaintiff's claims. Defendant claimed there were ample signs to warn of the step. Defendant also claimed that plaintiff had previously traversed the same step without incident. Defendant asserted various affirmative defenses. It also moved for summary judgment, for failure to establish the elements of negligence.

Result

Ultimately, the court granted the car wash's summary judgment motion

Other Information

FILING DATE: Nov. 24, 2014.


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