David R. McDowell and John P. Lynch obtain summary judgment for restaurant

 

David R. McDowell and John P. Lynch secured summary judgment for their clients – owners and operators of a fast food restaurant – in a case in which the plaintiff allegedly sustained significant injuries when her hand was caught between the back of a swivel chair and a wall. The plaintiff argued that the swivel chair and its proximity to a wall created a dangerous condition and that the defendants failed to follow their own procedures to identify and remedy the condition.  David and John argued that business owners do not have a duty to protect their patrons from every conceivable condition that might cause them harm and, in any event, the plaintiff failed to present any evidence of any dangerous condition present on the premises. The circuit court agreed and granted summary judgment for the defendants.