The DeKalb County Circuit Court granted summary judgment to BatesCarey’s client, dismissing the Plaintiff’s claims of an injury and significant damages sought in the case.

The lawsuit concerned a “trip and fall” accident on residential sidewalk in DeKalb County. After sustaining injuries, the Plaintiff filed suit against the municipality and sought significant damages due to a resulting shoulder surgery. The case proved to be challenging, however, due to the fact that the sidewalk condition was repaired days after the Plaintiff fell. The municipality filed a summary judgment motion based on parties’ testimony regarding the sidewalk condition. The judge proceeded to hear oral arguments on a motion that is oftentimes summarily denied.

Leading with a strong opening motion and arguing a “de minimis” defense to the Plaintiff’s claims, the Court ultimately granted the motion and awarded summary judgment to BatesCarey’s client.

The case was argued in DeKalb County Circuit Court by BatesCarey associate Natalie H. Koepke, who successfully obtained summary judgment in a case where dismissal is difficult to achieve.