Summary Judgment for National Security Contractor In Premises Liability Case
Dan McGrew represented a well-known national security contractor in a premises liability case in Fulton County. The Plaintiff, who worked in a business office park secured by the client, suffered a trip and fall incident on the morning of April 9, 2010. While entering an elevator located within one of the office buildings, she tripped over a loose board on the floor, which had been placed during a construction project. As a result of her fall, the Plaintiff claimed she sustained significant physical injuries, including an injury to her back. She ultimately underwent spinal surgery, developing a blood clot requiring long term treatment. Plaintiff further claimed she was unable to work as a result of her injuries and remained in chronic debilitating pain. McGrew and Ruder filed a Motion for Summary Judgment arguing that the Plaintiff’s Complaint adding the security contractor as a Defendant was barred by the applicable statute of limitations. They successfully argued that Plaintiff’s amendment to add the security contractor to the action was filed more than a month after the two year statute of limitations expired. They also successfully argued that Plaintiff did not provide the requisite notice to the security contractor, which would have defeated the statute of limitations argument. As such, the Court held that there was no evidence of relation back and dismissed the client. No appeal was sought by the Plaintiff.