Motion to Dismiss Granted in Trip and Fall Incident
Heather Miller secured a dismissal with prejudice and an award for attorneys’ fees on behalf of a shopping center and a parking contractor. Plaintiff alleged that both the shopping center and the parking contractor were negligent following a trip and fall incident involving a minor. After Plaintiff failed to cooperate in discovery, Heather filed a motion dismiss and argued that a dismissal with prejudice was the appropriate sanction. The Court agreed and found that Plaintiff’s repeated failure to cooperate was willful and caused unnecessary delay. The Court granted the motion to dismiss with prejudice and also granted the requested amount of attorney’s fees for both clients.