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Lowry Secures Summary Judgment for National Restaurant Chain

August 2, 2018

Michael Lowry (Partner-Las Vegas) was granted summary judgment by a federal court in Las Vegas on behalf of a national chain of casual steakhouses where a guest asserted she slipped and fell while exiting the restaurant. She and her date admittedly never saw what caused her fall and she later gave different accounts as to what she thought could have caused it. There were no video cameras observing the area. Michael then defended the restaurant against allegations its training was inadequate because it failed to perform random spill response tests. The restaurant correctly noted doing so would actually increase the risk to its employees and guests. Once discovery closed, Michael sought summary judgment, arguing there was no admissible evidence that the restaurant created whatever hazard had caused the fall or that it had actual or constructive knowledge of the hazard before the fall occurred. The guest continued reptilian arguments that the restaurant was not sufficiently focused on guest safety. The court rejected that argument and granted summary judgment. The guest later agreed to dismiss her case, without appeal, in exchange for a waiver of the restaurant’s fees and costs.

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