Premises Liability Defense Relating to Injuries Suffered on a Loading Dock
We represented a consumer goods retailer in a premises liability case where the plaintiff went to one of our client’s facilities to obtain free packing boxes for her personal use, and entered a loading dock at the rear of the store without express or implied permission. While there, the plaintiff was hit on the head by a bay door, and alleged that she suffered a serious head injury as a result. The plaintiff filed a negligence claim against our client, seeking damages over six figures. I handled all aspects of the case, from managing the deposition process to drafting pleadings and filing motions. After the discovery process, we filed a motion for summary judgment, arguing that the plaintiff was trespassing in that area of the store and did not have express or implied permission to be there, meaning the store could not be liable for her injuries. Summary judgment was granted by the U.S. District Court in the Eastern District of Kentucky and the plaintiff’s complaints were dismissed with no financial damages assessed to our client. The Court also granted our motion to publish this decision, thereby affirming longstanding Kentucky precedent.