Pinkham, et al. v. SVF, LLC et al.

Plaintiffs, the husband and parents of decedent, filed this negligence/wrongful death action against SVF, LLC, the City of Carlsbad and North Country Transit District, after the husband tripped on an uneven surface area in parking spaces located across the street from a shopping center owned by SVF.  As both plaintiff and his wife fell to the ground, his wife struck her head on the pavement, succumbing to her injuries several days later.

Yoka | Smith, on behalf of our client, SVF, moved for summary judgment, and established that SVF did not own or control the parking spaces across the street where the incident occurred, and had no responsibility to maintain and/or repair them.  After substantial motion work, including a detailed objection to plaintiffs’ experts declaration, the court ruled that plaintiffs’ failed to establish SVF owned or controlled the subject parking area, and granted summary judgment in its entirety.