BM&S Partner Dana K. Marjieh Obtains Dismissal on Summary Judgment in Premises Liability Case

Black Marjieh & Sanford LLP Partner Dana K. Marjieh recently obtained summary judgment in a premises liability case involving a plaintiff who alleged she was injured in a slip and fall accident.  Dana obtained complete dismissal of the plaintiff’s negligence claims, as well as co-defendants claims for contribution and indemnification.  In addition, Dana was able to secure summary judgment against co-defendants securing contribution and indemnification on behalf of our clients, the owners of the premises.

Completion of comprehensive discovery and depositions provided the factual record necessary to establish that our clients fully complied with their contractual obligations and bore no liability for the conditions alleged. The court agreed with BMS’s position that, under the governing Lease Agreement, responsibility for maintaining the premises in a reasonably safe condition, including keeping the premises clear and free of snow and ice, rested with the lessee of the premises. The court further found no basis for contractual contribution or indemnification against our clients and instead recognized that co-defendants had an actual duty to defend and indemnify them against such claims under the Lease Agreement and awarded indemnity in this regard.

The court’s ruling, issued on summary judgment, resulted in a complete victory for BMS’s clients, eliminating the risk of trial and bringing the litigation to a favorable conclusion. The decision highlights the significance of allocating maintenance responsibilities and indemnity obligations clearly in commercial lease agreements, particularly in the context of winter-weather premises liability claims.