Jennifer Capabianco Obtains Summary Judgment for Music Promoter
San Francisco Partner Jennifer Capabianco defended a music event promoter against the negligence and premises liability claim of an event attendee. The promoter had entered into a Facility Agreement with an outdoor music venue to hold his event. The plaintiff fractured his ankle while walking down a path in a wooded area of the venue with uneven terrain.
Ms. Capabianco argued that the promoter owed no duty to the plaintiff because it did not "own, possess or control" the land sufficient to create a duty of care. This involved distinguishing between a leasee of premises and a mere licensee where the owner of the venue continued to retain control of the land. Additional bases for summary judgment included no duty to warn of an open and obvious risk, assumption of the risk and recreational immunity pursuant to Civil Code section 846.
Ultimately, the Court granted summary judgment in favor of Ms. Capabianco's client and held that, because there were no material issues of fact reasonably in dispute, application of the law to the facts of the case warranted judgment in favor of the promoter as a matter of law.
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