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Summary Judgment for the Defense

January 28, 2009

On January 28, 2009 Dave Root obtained summary judgment in favor of a residential developer that was sued for negligent construction, fraud, and fraudulent concealment after the Plaintiff was seriously injured when his deck collapsed. Dave argued that the statute of repose barred the claim, regardless of fraud. The Court agreed and found that not only did the Plaintiff fail to establish a fraud claim, that fraud does not preclude application of the statute of repose where an injury occurs outside the statute’s time period.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.