Jason Azzarone Secures A Summary Judgment In A Premises Liability Case
Jason Azzarone was successful in securing a summary judgment in a premises liability case in which the firm represented a large hotel chain. The Plaintiff alleged that he was legally on the premises. While on the property, the Plaintiff slipped and fell, suffering an injury to his shoulder which required surgery. A motion for summary judgment was filed on the basis that the Plaintiff’s status on the property was that of either a trespasser or an uninvited licensee as he was not on the property for any purpose for which it was intended. Mr. Azzarone also argued that there was no evidence of a breach of duty owed to the Plaintiff. The Court agreed and specifically held that as a matter of law, the Plaintiff was not on the property for any purpose for which it was intended and therefore, his status was either that of a trespasser or an uninvited licensee. In light of this finding, and in light of the fact that there was no record evidence of any breach of duty owed to the Plaintiff, the Court granted final summary judgment on behalf of the hotel.