Morrison Mahoney Partner Partner Brian Heermance and Associate Namita Mehta who recently obtained judgment dismissing the complaint upon summary judgment motion in a property loss matter.
The plaintiff named the employee (individually) but failed to name the corporation in the action. The plaintiff claimed that her property loss occurred in her room at the homeless shelter run by the corporation. The only interaction the plaintiff had with the defendant was in her capacity of employment for the corporation. Thus the plaintiff incorrectly sued the individual employee rather than the corporation and the Court granted the dismissal.