Carman, Callahan & Ingham Wins Summary Judgment

Carman, Callahan & Ingham Wins Summary Judgment

In the case of Bosch v. Demi’s Place, Inc., the Plaintiff commenced an action against CC&I’s client, a restaurant, for injuries allegedly sustained when Plaintiff tripped on a raised sidewalk flag abutting the restaurant.  The Plaintiff maintained the position that CC&I’s client had the duty to maintain/repair the abutting sidewalk or that CC&I’s client had made special use of the sidewalk by placing a picnic table on the sidewalk for use by their customers.  CC&I presented a summary judgment motion, seeking a dismissal of the claims against their client, on the basis that their client was not liable for the sidewalk in question.  The Court accepted CC&I’s argument, granted the motion, and dismissed the action as against their client.