Premises Liability Defense Win: Trespasser Classification Defeats Negligence Claim via Summary Judgment

Attorneys Matthew J. McColgan and Hugh Daulerio of German Gallagher & Murtaugh’s casualty team secured a complete defense victory for a property owner sued by a delivery driver who alleged injuries from a nighttime staircase accident due to inadequate lighting. Through strategic motion practice, the attorneys successfully argued that the plaintiff was a trespasser with no legal right to be on the property and that the plaintiff failed to present sufficient evidence to support her claims. The firm demonstrated that their client had not violated any duty of care owed to a trespasser and that no genuine issues of material fact existed regarding liability. The court granted summary judgment, resulting in complete dismissal of all claims and eliminating the client’s exposure to damages while avoiding trial costs and uncertainties.