SUMMARY JUDGMENT GRANTED FOR TWO ENTITIES IN WRONGFUL DEATH OF TWO SISTERS

Los Angeles County Superior Court granted MSJs for both of OLG’s clients. Each was a defendant in a double wrongful death case involving two middle school aged sisters. They were run over by a tractor trailer while walking to school. The parents filed four lawsuits which were consolidated.

Plaintiffs claimed OLG’s clients provided crossing guards except on the date of the loss, when the guard was absent. They asserted that but for the guard being absent, this incident would not have occurred. A major point of contention was whether a guard program was in place and where the girls regularly crossed for school. OLG presented evidence that one entity had never been involved in a crossing guard program, that there was no crossing guard program in place on the date of loss, and that the girls crossed at other locations even when a guard was present, refuting plaintiffs’ allegations.

The Court agreed that one entity had no involvement in the crossing guard issue. As to the other entity, the Court agreed that there was no evidence that the crossing program was operating at the time of loss nor that the girls crossed only at the guard location when the program was in operation. As a result, judgment was granted for both of OLG’s clients.

Joel Witzman wrote and argued the winning motions for summary judgment.