ARTICLE
3 August 2023

Lowry And Brown Earn Summary Judgment Via Physical Facts Rule

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Wilson Elser Moskowitz Edelman & Dicker LLP

Contributor

More than 800 attorneys strong, Wilson Elser serves clients of all sizes across multiple industries. It maintains 38 domestic offices, another in London and enjoys more extensive international reach as a founding member of Legalign Global.  The firm is currently ranked 56th in the National Law Journal’s NLJ 500.
Michael Lowry (Partner-Las Vegas) and Kevin Brown (Of Counsel-Las Vegas) obtained summary judgment for a resort on the Las Vegas Strip in a case where a guest alleged she was injured...
United States Litigation, Mediation & Arbitration
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Michael Lowry (Partner-Las Vegas) and Kevin Brown (Of Counsel-Las Vegas) obtained summary judgment for a resort on the Las Vegas Strip in a case where a guest alleged she was injured, claiming that as she approached an elevator, the doors suddenly closed and struck her. She then fell and was injured. Her last computation of damages alleged more than $422,000 in past medical specials alone. The resort had video in the elevator car from an hour before and after the fall. It showed the elevator doors opening normally and opening and closing in the same time period when the plaintiff fell. The video also showed the doors' sensors appropriately responded when objects were placed in their way. The Eighth Judicial District Court, Las Vegas granted summary judgment based on the physical facts rule. The objective evidence shown on the video could not be overcome by other evidence speculating about whether the elevator was not properly maintained.

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ARTICLE
3 August 2023

Lowry And Brown Earn Summary Judgment Via Physical Facts Rule

United States Litigation, Mediation & Arbitration

Contributor

More than 800 attorneys strong, Wilson Elser serves clients of all sizes across multiple industries. It maintains 38 domestic offices, another in London and enjoys more extensive international reach as a founding member of Legalign Global.  The firm is currently ranked 56th in the National Law Journal’s NLJ 500.
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