We are pleased to congratulate attorneys Rachelle Miller and Abigail Wasil on a victory on behalf of their client. The Court granted a complete dismissal of claims in a premises liability action brought against a salvage pick-a-part yard.
The Plaintiff alleged that the yard’s use of an airhorn to signal closing startled him, causing him to drop a heavy part on his arm. The Court rejected this argument, holding that the use of an airhorn to notify customers of closing did not constitute an unsafe condition upon the land and therefore could not support a premises liability claim.
In addition, the Court found that the Plaintiff’s signed waiver served as a complete bar to recovery. The Court also excluded the Plaintiff’s reliance on “AI overviews” and YouTube videos of individuals being startled by airhorns, ruling that these materials were not admissible evidence to create a genuine question of fact.
We are proud of the thoughtful advocacy Rachelle and Abigail provided in achieving this result.
