Preg, O’Donnell & Gillett attorney Christine E. Tavares successfully obtained a Summary Judgment on behalf of her restaurant client to dismiss a personal injury claim. The case involved a patron who, after standing in line to order food, backed up and bumped into the plaintiff. This resulted in an argument between the two customers that escalated into a fight. During this fight plaintiff suffered injuries, but the other person ran off. The plaintiff alleged the restaurant was liable for his injuries, and filed a Complaint which included causes of action for battery and negligent supervision. Ms. Tavares filed a Motion for Summary Judgment on behalf of her client seeking dismissal of the case. The plaintiff had failed to establish through admissible evidence that the alleged criminal actions of the unknown third party was foreseeable to Ms. Tavares’ client. There was no evidence the restaurant knew of an imminent likelihood that an altercation between the plaintiff and another customer would occur. There was no evidence of past similar situations, nor did the type or place of the business create a greater likelihood of harmful conduct by third parties. Based upon case law established in Fuentes v. Port of Seattle and Nivens v 7-11 Hoagy’s Corner, King County Superior Court Judge Catherine Moore granted Ms. Tavares’ Motion as the unexpected acts of the unknown customer were not foreseeable.
November 14th, 2018|News|