Lewis Johs Attorney Martin K. Rowe Obtains Dismissal of Case Against Property Owner

Lewis Johs attorney Martin K. Rowe obtained a dismissal of plaintiff’s complaint and all cross claims on behalf of a property owner in an action to recover for injuries as a result of a trip and fall in an area adjacent to the client’s building. Mr. Rowe retained a surveyor to mark out and photograph the property line of the premises. Comparing that to a photograph plaintiff marked showing the area of her fall, the surveyor provided an affidavit stating that the area of the fall was not on the client’s property. Citing the surveyor’s photograph and affidavit, the court held that the Lewis Johs’ client demonstrated that it did not own the area of the fall. The court also held that the client showed that it did not benefit from a “Special Use” of the area in question as alleged by the plaintiff and the codefendant in attempting to defeat the motion.

       
 

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