Andrew Smith Successful Again in Motion for Summary Judgment
On March 3, 2017, Pettit Kohn Ingrassia & Lutz won a motion for summary judgment on behalf of an electrician in a personal injury case. Plaintiff alleged that in the early morning hours he was shocked multiple times while inside his apartment unit. Plaintiff claimed that the electrician who was working on the electrical issues inside the building on the day of the incident was responsible for Plaintiff’s injuries. Through cautious examination of Plaintiff at deposition, Andrew Smith, was able to demonstrate that Plaintiff’s alleged injuries occurred prior to the electrician’s arrival at the apartment complex. Plaintiff attempted to dispute the timing of events and submitted an expert declaration contending the electrician’s work was the cause of the electrical disturbances inside Plaintiff’s apartment unit. Through tactical objections, Andrew Smith was able to convince the Court to exclude Plaintiff’s expert opinions on the basis that the expert failed to properly investigate the incident. Andrew Smith was further able to prove that there was no disputing the fact that Plaintiff’s electrical shock occurred prior to the electrician’s work. The Court found that no triable issue of fact existed and that the electrician was entitled to summary judgment.