Jul 5 2016

Courtroom Success 2016-21: New York Partner Demi Sophocleous

New York Partner Demi Sophocleous recently obtained summary judgment from Suffolk County Supreme Court in an action involving an assault in which the plaintiff sustained traumatic brain injuries and become permanently disabled. The plaintiff asserted negligence causes of action against the defendant, the owner of a restaurant/bar located next to the parking lot where the assault occurred. Among other things, the plaintiff alleged that defendant failed to ensure the safety of its patrons. The plaintiff also cited various New York State Laws the defendant allegedly violated. The restaurant/bar owner was the sole defendant in the case. Throughout the litigation, the defendant maintained that it did not own the parking lot where the assault occurred. The plaintiff attempted to create an issue of fact by arguing that the defendant on occasion hosted events in that parking lot, including on the night in question, and was responsible for maintaining a security presence. The court granted the defendant summary judgment and dismissed the plaintiff’s complaint, finding not only did the defendant properly establish that it did not own the parking lot, but the defendant also demonstrated the assault on the plaintiff was an unforeseeable and unexpected assault that the defendant could not have reasonably prevented.

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