Associate Kaitlyn McGuire Secures Dismissal of All Claims in Premises Liability Action
June 24, 2026Kaitlyn McGuire successfully obtained summary judgment dismissing the plaintiff’s complaint against the firm’s retail and property owner clients. Kaitlyn was also granted summary judgment on the clients’ cross-claims for common law and contractual indemnification against a co-defendant beverage distributor.
The plaintiff alleged that he sustained injuries after tripping over a pallet and pallet jack located outside a restaurant in a shopping center. Kaitlyn demonstrated that the allegedly hazardous condition was created by the co-defendant’s employee during a product delivery and that neither of our clients created, controlled, nor had sufficient notice of the condition.
The Court agreed that the evidence established the co-defendant was solely responsible for the placement of the pallet and pallet jack and further found that the condition was open and obvious. As a result, the plaintiff’s complaint and all cross-claims against our clients were dismissed in their entirety, and summary judgment was granted in favor of our clients on their common law and contractual indemnification claims against the co-defendant.
About Cullen and Dykman’s General Liability, Tort and Insurance Defense Department
Our litigation attorneys represent individuals and corporations in general liability, tort and insurance defense matters ranging from personal injury and insurance coverage disputes to large-scale commercial litigation. Clients frequently engage our litigators to act as trial counsel in high-exposure cases, and we have extensive experience in appellate litigation involving liability and insurance matters.
About Cullen and Dykman LLP
Cullen and Dykman LLP is a full-service law firm that clients have trusted to deliver top-tier, cost-effective legal services since 1850. With nearly 200 attorneys in eight offices, the firm serves clients across the Eastern United States and is strategically positioned to meet their changing needs and demands.