APPEALS COURT AFFIRMS DISMISSAL OF PREMISES LIABILITY CASE

On December 22, 2021 Partner David Rutherford and New York Associate Diana Mulderig obtained a Decision from New York’s Appellate Division, Second Department, affirming the granting of summary judgment in favor of Texas Roadhouse.  The plaintiff had alleged that she was injured when she and the rest of her family were the last ones to […]

GEORGIA STATE COURT GRANTS SUMMARY JUDGMENT IN PREMISES CASE

Partners Carrie L. Christie and Courtney M. Norton, and Associate Savannah L. Bowling obtained summary judgment in Fall 2021 in a case where Plaintiff alleged that she slipped and fell on a greasy substance at a Pappadeaux Seafood Kitchen. The Court agreed with the Rutherford & Christie defense team that Plaintiff failed to carry her […]

NEW YORK FEDERAL COURT DISMISSES WRONGFUL DEATH CASE

On September 21, 2021 Partner David Rutherford obtained an order dismissing a wrongful death claim filed by the estate of a passenger who alleged that the airline’s loss of her luggage on a series of flights from Switzerland to Haiti, which included her medication, lead to her death when she was unable to timely obtain […]

SECOND CIRCUIT AFFIRMS DISMISSAL UNDER MONTREAL CONVENTION

On September 10, 2021 Partner David Rutherford obtained a Decision from the Second Circuit affirming the dismissal of a lawsuit commenced by a passenger on an international flight who alleged that he was assaulted by a flight attendant.  Because it was an international flight governed by the Montreal Convention, it was subject to a shorter […]

GEORGIA COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT IN PREMISES CASE

Partners Carrie L. Christie and Courtney M. Norton obtained an affirmance from the Georgia Court of Appeals in Summer 2021 of a grant of summary judgment on behalf of McDonald’s. Plaintiff claimed crosswalk stripes were unreasonably slippery and created a hazard that Mcdonald’s knew or should have known existed. The Rutherford & Christie defense team […]