TWPD’s Baton Rouge office succeeded in having a suit against a Louisiana school board dismissed on summary judgment. The plaintiffs alleged the school board was vicariously liable for a teacher’s secretive, bizarre, and inappropriate communications and interactions with a minor student. We presented undisputed evidence that the school board’s pre-employment background check on the teacher revealed no prior criminal history or complaints. It was further undisputed that the student’s mother never reported the communications to the school board nor did she report the teacher visiting with the minor student after school hours, which occurred with the mother’s permission. With this evidence, TWPD convinced the court that plaintiffs could not prove the school board breached its duty of reasonable supervision or that the teacher’s intentional acts occurred in the course and scope of his employment. Therefore, the court granted summary judgment in favor of the School Board, dismissing the suit in its entirety.
The firm’s Baton Rouge attorneys recently won a Motion for Summary Judgment that resulted in the complete dismissal of a plaintiff’s suit against a national hardware and home improvement store. The plaintiff alleged he slipped and fell in a puddle of water that was near the store’s entrance. He allegedly did not see the water before his fall, and he could not say how long the water had been on the ground. TWPD obtained sworn affidavits from store employees, testifying they did not see any water on the ground prior to the subject accident. We argued the plaintiff could not meet his burden of proof under the Louisiana Merchant Liability Act, because he could not establish the defendant store created the complained-of condition, had actual notice of the water on the ground, or the water had been on the ground for a period of time sufficient to establish the store should have known it was there. The federal court was persuaded by these arguments, and granted summary judgment in favor of our client, resulting in dismissal of the case with prejudice.
TWPD’s Mississippi office recently secured a favorable summary judgment in a premise liability matter. Our client was a retail home improvement and hardware store.The plaintiff was in the store shopping for paint, and tripped and fell on a large blue lowboy cart that was in the aisle. The cart was one of several used by employees for restocking shelves. During discovery, the plaintiff admitted he observed the cart while speaking to a store employee. As he walked away from the conversation, he backed into the cart, tripped and fell.
TWPD argued the lowboy cart was not an unreasonably dangerous condition and thus the plaintiff could not meet his burden in proving the store was negligent. The U.S. District Court for the Southern District of Mississippi agreed with this position, reasoning that lowboy carts were the type of objects customers should reasonably expect to encounter in a similar retail business.As a result, the Court granted summary judgment, dismissing the case against our client with prejudice.
TWPD’s Mississippi attorneys won summary judgment for a BMW dealership in a case alleging negligent repairs and service. After the owner had put more than 430 miles on the vehicle after the repair shop’s service, the car’s engine “jumped time.” The affidavit of a BMW master technician established that there was no fault code, audible noise, or any visual inspection that indicated any issue with the timing components when the car was in the repair shop. The Lauderdale County Court found a lack of evidence to establish that the repair shop had breached any duty or that there was any causal connection between the work the repair shop performed and the timing component failure that occurred weeks later. TWPD’s attorneys identified the causation issue early in the litigation and pursued summary judgment even before discovery got underway, minimizing the litigation expenses and ending the risk of exposure for the client.
The success we have seen is because of the way we built our practice. It’s about more than routine strategies. It’s about creative resolutions to difficult legal questions. It’s about how we treat our clients and each other and how we work together to build the best possible defense for every single case. It's practice, made perfect.