Cohn v. Orthopedic Institute of Newport Beach, LP
Published: Feb. 26, 2021 | Result Date: Nov. 24, 2020 | Filing Date: Jan. 7, 2019 |Case number: 30-2019-01042570-CU-PO-CJC Summary Judgment – Defendant
Court
Orange County Superior Court
Attorneys
Plaintiff
S. Sean Bral
(Bral & Associates)
Sherwin Cohn
Defendant
Samantha E. Dorey
(Everett Dorey LLP)
The Irvine Company
Seymour B. Everett III
(Everett Dorey LLP)
The Irvine Company
Jesse M. Maxwell
(Everett Dorey LLP)
The Irvine Company
Facts
Plaintiff, Sherwin Cohn, filed suit against Defendant The Irvine Company and Defendant Orthopedic Institute of Newport Beach LP for negligence and premises liability after sustaining injuries resulting from slipping on a floor mat.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff, Sherwin Cohn, asserted that Defendant The Irvine Company, LLC negligently maintained the premises by allowing the floor mat to remain at the door. Plaintiff further contended that Defendant The Irvine Company failed to exercise reasonable care and should have been aware of the alleged dangerous condition which proximately caused plaintiff's injuries.
DEFENDANT'S CONTENTIONS: Defendants denied all allegations that they were liable or negligent in the maintenance of the premises.
Result
The court granted Defendant the Irvine Company's motion for summary judgment. The Irvine Company demonstrated that Defendant did not have control of the property and was unaware of the alleged dangerous condition. Plaintiff did not dispute the allegations and the court noted that Plaintiff failed to show a triable issue of fact with respect to the negligence and premises liability claims. Thus, the court found that the Defendant the Irvine Company was entitled to judgment in its favor.
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