2 total
Defendant contractor found liable on summary judgment for plaintiff's fall on poorly constructed temporary ramp.
The defendant contractor brought a motion for summary judgment to dismiss the plaintiffs' claims for damages arising from a slip and fall on a temporary ramp constructed during road work.
The plaintiffs brought a cross-motion for partial summary judgment on liability.
The court found that the defendant was an occupier and breached its statutory duty of care by constructing an unmarked, unlit temporary ramp with a drop-off.
The court granted the plaintiffs' cross-motion, finding the defendant liable for the fall, and ordered the issue of damages to proceed to trial.
Jury notice conditionally struck to allow personal injury trial to proceed during COVID-19 pandemic suspension.
The plaintiffs in a personal injury action moved to strike the defendants' jury notice due to the suspension of civil jury trials in London caused by the COVID-19 pandemic.
The action was scheduled for a four-week trial in May 2021.
The court balanced the defendants' substantive right to a jury trial against the prejudice of indefinite delay and the broader interests of the administration of justice.
The court ordered a conditional remedy: the jury notice is struck if the matter is called for a judge-alone trial in May 2021, but remains in place if the trial is not called due to a lack of judicial resources, with leave for the plaintiffs to renew the motion closer to the rescheduled date.
