Philadelphia partner Brian Breen and associate Jesse Endler obtained summary judgment in a trip-and-fall case in Pennsylvania Court of Common Pleas, Delaware County, on behalf of the firm’s property management and development client. The plaintiff claimed to have fallen on a cracked and broken sidewalk on a vacant lot owned by the firm’s client. Her fall resulted in significant injury to her hip and required surgery. She claimed the owner was negligent in its maintenance of the property, alleging the business failed to adhere to corporate formalities, and sought to hold the owner personally liable.

The insured property where the incident occurred was adjacent to two additional vacant lots whose owners were not named as defendants. Brian and Jesse noted the plaintiff could not identify any specific landmark that could correspond to the particular property. There also was an absence of witnesses to the incident. The court found there to be insufficient facts for a jury to conclude where the plaintiff fell and dismissed the case. The plaintiff’s demand was $500,000 at the time summary judgment was granted.