Kevin Mulvaney (Partner-Detroit) and Eisha Vatsal (Associate-Detroit) secured summary disposition and dismissal in Muskegon County Circuit Court for Wilson Elser's client, a bottling & distribution company. The plaintiff, a grocery store customer, alleges she was struck by a loaded merchandise cart while riding a motorized scooter inside a well-known Midwest grocery store and sustained injuries requiring spine surgery. Through discovery, Kevin & Eisha established the plaintiff was unable to meet her burden of proving that our client's employee was involved in the circumstances surrounding her injury. They utilized store surveillance footage, client metadata and witness testimony to show the plaintiff couldn't raise a question of fact as to whether an employee of the client was near her when the injury occurred. The court agreed and found the plaintiff failed to produce evidence refuting Kevin & Eisha's argument, dismissing the client from the case with prejudice.
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