Summary Judgment Granted in Wrongful Death Case in Favor of Party Bus Company
Los Angeles Superior Court granted OLG’s Motion for Summary Judgment in wrongful death case. Plaintiff’s Complaint alleged a single cause of action for wrongful death as the result of a shooting death on a party bus. OLG secured summary judgment for the party bus company on the grounds that it owed no duty to prevent the sudden and unexpected murder of one of its passengers by third party assailants in a public place.
Plaintiff argued that Defendant, as common carriers, owe a heightened duty of care to protect their passengers and that the danger posed by the third party assailants was foreseeable based on appearance alone. However, the Court held OLG’s client presented undisputed evidence that there was no warning, cause for alarm or escalation in violence prior to the shooting that would impose a duty upon OLG’s client, and on that basis, granted OLG’s motion for summary judgment.
Judgment in favor of OLG’s client was upheld by the Court of Appeal.
Sherri Matta wrote the winning motion for summary judgment and reply and Heather Lunn successfully argued at the hearing.