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Client Prevails on Demurrer in Shooting Case which Led to a Dismissal of Complaint


The matter stemmed from a shooting death on a party bus. Ten (10) Plaintiffs alleged wrongful death, negligence, common carrier liability, and negligent infliction of emotional distress against OLG’s client, the party bus company. After months of persistent meeting and conferring, OLG successfully demurred to all causes of action. As to the negligence cause of action, OLG argued the Plaintiffs could not establish that Defendant owed them a duty. The Court agreed with OLG and sustained the demurrer without leave to amend as to six of the ten Plaintiffs. As to the wrongful death cause of action, OLG successfully argued nine of the ten Plaintiffs did not have standing to bring the wrongful death action. The Court agreed and sustained the demurrer without leave to amend. The remaining Plaintiffs were given leave to amend, but felt they would not prevail against another demurrer and dismissed the complaint with prejudice.

Maks Shapiro wrote the winning demurrer and Heather Lunn successfully argued the demurrer.