Andrew Smith Wins Summary Judgment Motion
On April 13, 2016, Pettit Kohn Ingrassia & Lutz won a motion for summary judgment on behalf of a homeowners association in a lawsuit with claimed damage of over $10,000,000. Plaintiff alleged that her fine-art collection sustained serious water damage when a neighboring unit’s plumbing failed and flooded her unit. Plaintiff claimed that the homeowners association was responsible for the plumbing and the damage to her valuable painting and photographs.
Andrew Smith won the motion for summary judgment by relying on provisions of the CC&Rs governing the homeowners association and by establishing that our client had no duty to prevent the flooding incident. Andrew’s concise writing and knowledge of the laws governing common interest developments convinced the judge in a highly contested case.