Marlink Obtains Summary Judgment Against Plaintiff Seeking $4M

Katherine Marlink was recently successful on a motion for summary judgment resulting in a judgment in favor of a Powers Miller’s client. In this Sacramento Superior Court case, Plaintiff, a licensed contractor, filed suit seeking damages for injuries sustained while he was doing repair work on a rental property. While repairing a patio cover, Plaintiff fell to the ground sustaining significant injuries which included: a fractured scapula, a fractured clavicle, rib fractures, and a closed head injury with fractures of the temporal bone with subarachnoid and epidural hemorrhages. Plaintiff continued to complain of ongoing issues including those from his closed head injury including cognitive deficits such as memory loss and functional difficulties as well as hearing loss which have led to his inability to return to his usual and customary employment. Plaintiff received benefits in excess of $1,000,000 from the State Compensation Insurance Fund. Plaintiff demanded payment of $4,000,000 to resolve the matter prior to the filing of the motions for summary judgment.

Marlink moved for summary judgment on the grounds that the plaintiff’s claims were barred by the Privette doctrine and the doctrine of assumption of the risk. After significant opposition by Plaintiff’s counsel, including oral argument, the court agreed with defendants’ arguments and granted the motion summary judgment. The granting of the motion allowed defendants to not only obtain a judgment in their favor but also seek to recover costs of just under $5,000 incurred in the defense of the case.

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