Anthony Ienna, Thomas Jaffa, and Neil Mascolo Secure Summary Judgment Win in Orange County Supreme Court

On April 2, 2019, Mr. Ienna with assistance from Mr. Jaffa and Mr. Mascolo secured summary judgment in favor of a third-party defendant, a drain and sewer cleaning provider.  The plaintiff claimed personal injury as a result of a slip and fall within an apartment complex. According to the plaintiff, the fall was caused by a leak coming from a toilet and connected pipes, which the third-party plaintiff claimed was due to our client’s improper service of the toilets. The Honorable Catherine M. Bartlett held that the  third-party defendant established their entitlement to summary judgment by establishing that the work performed would not have caused the leak and that the sewer service company was not aware of any leakage prior to the accident. The court found that any conclusion that the alleged leak was causally related to the work performed by our client would be wholly speculative and that our client owed no duty to the plaintiff. The court’s dismissal averted the need for our clients to continue with litigation and prevented a costly trial from taking place.

 

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