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Kutak Rock Successfully Dismisses Negligence Claims

News | November 4, 2014

Kutak Rock partner Ed Richards, an attorney in the firm’s Irvine office, successfully represented the City of San Clemente, California in the dismissal of a negligence case.

The case originated when construction workers were performing maintenance from a lift on a communication cell tower near one of the city’s pedestrian lights. The pedestrian light fell on the worker standing below the light, resulting in personal injuries to his head and shoulder. The worker then filed suit against the city for negligent inspection and maintenance claiming the light fixture fell due to corrosion of the bracket attached to the top of the light pole.

Through expert testimony, Kutak Rock demonstrated that the light fixture fell because of forces applied to the top of the light fixture that fractured the metal and its bracket. During the witness depositions, further evidence suggested the plaintiff’s co-workers, while using the lift at the time of the accident, were likely the cause of the downward force applied to the top of the light fixture. Once this evidence developed, the plaintiff voluntarily dismissed the lawsuit against the city.