Related Practices

Jennifer Capabianco Convinces Court That Her Client Had No Duty When Plaintiff Feel From His Own Ladder; Plaintiff Dismisses Complaint

Plaintiff decided to terminate the contract with his entertainment service provider. Plaintiff alleged in his Complaint that the service provider advised him that he would be charged for unreturned equipment. Plaintiff decided to use a ladder to access his roof to remove the equipment for return to the service provider in order to avoid the fee. In the process, he fell from the ladder and claimed significant personal injuries. 

Ms. Capabianco argued on demurrer that the client owed plaintiff no legal duty because (1) there was no special relationship under the law such that the client would owe a duty to control plaintiff's conduct, and (2) plaintiff assumed the obvious risk of falling and injuring himself when he chose to climb the ladder. While the Court allowed plaintiff an opportunity to amend the Complaint, plaintiff's counsel ultimately realized he could not plead around the facts initially plead and dismissed the Complaint in exchange for a waiver of costs.


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