Morrison Mahoney Partner John Knight and Associate Bridget Regan prevailed on a Motion for Summary Judgment in Cambridge District Court on behalf of our clients, a mall owner and property management group.
The plaintiff claimed he was injured as he leaned against a storefront window within the mall, which abruptly gave way, fell onto his head, and shattered. The plaintiff allegedly sustained a traumatic brain injury as a result.
We argued that our clients had no duty to the plaintiff pursuant to a commercial lease agreement which provided that the store was responsible for both the initial buildout of the storefront (including the selection of materials for the window) as well as ongoing maintenance of the storefront window. After hearing, the Court agreed. Where we had already gained a dismissal of the store (also our client) due to the plaintiff’s non-compliance with discovery, the plaintiff’s case has been completely terminated.