San Diego, CA – May 25, 2018. In a case against the Grossmont Community College District alleging wrongful death, attorneys Neal Meyers and Nicolette Rozas won summary judgment for the District. The claim arose after the plaintiff fell on stairs leading to a football field press tower. Plaintiff claimed the stairs were dangerous and sued. Plaintiff passed away after the suit was filed and the complaint was amended adding a cause of action for wrongful death. Through Meyers Fozi & Dwork, summary judgment was brought by the District arguing that the original claim was presented late and that no new claim was ever presented in the wrongful death action, as required by statute. Plaintiff argued that plaintiff was excused from claims statute compliance on a number of grounds. The court disagreed, entering judgment for the District and awarding its costs as the prevailing party. This result is an excellent example of the effective use of summary judgment to resolve a case short of the expense and risks of jury trial.
If you, your business or organization would like further information about how Meyers Fozi & Dwork, LLP can help, please do not hesitate to contact us at 760-444-0039.