MATTHEW GIAMPAOLI AND JASON SPECHT WIN APPEAL ON A MOTION FOR SUMMARY JUDGMENT!
Collinsworth, Specht, Calkins & Giampaoli, LLP is pleased to announce two of the firm’s named partners, Matthew Giampaoli and Jason Specht, recently secured a significant appellate victory from California Court of Appeal for the Sixth District in San Jose for their client, a major construction company. The Court of Appeals ruling confirmed the trial court granting of summary judgment in favor of the contractor in a personal injury case in which the Plaintiff was seriously injured during a tennis match at a public park.
The Plaintiff contended the swale for the tennis court, constructed for the City of San Jose, constituted a dangerous condition. An experienced tennis player who had played before on the court, Plaintiff was rendered paralyzed while chasing a shot, when he stepped in the swale and struck his head on a fence post. CSCG lawyers Giampaoli and Specht established to the trial and the appellate court, the tennis court and swale were constructed in conformance with the plans and specifications from the City, the swale constituted an open and obvious condition, and there was insufficient evidence to establish the swale was a proximate cause of the injury. The Court of Appeals decision represents a significant victory for CSCG’s client in a high-exposure case.