Spicer Rudstrom member Thomas E. LeQuire recently achieved a dismissal on the motion for summary judgment in a personal injury case for his client in Chattanooga, Tenn. All About Kids, a semi-annual consignment sale, conducted one of its 2016 sales in leased space inside a shopping center.
The plaintiff, in this case, brought some items to offer at the sale. She returned to pick up the items that had not sold following the end of the sale. As she loaded the items into her vehicle, she stepped into a hole in the parking lot, sustaining injuries.
The contract the plaintiff signed for the consignment included a release and waiver for any and all claims for personal injury resulting from participation in the sale. On Motion for Summary Judgment, the court found the release and waiver valid and therefore dismissed the plaintiff’s complaint.
Tom is a senior member at Spicer Rudstrom, concentrating his practice primarily on local government liability defense, including GTLA claims, federal civil rights claims, and general tort liability defense, particularly in serious personal injury cases.