Date Posted: April 26, 2010 by SF_JD
Defendant's Motion for Summary Judgment - Premises Liability and Successor Liability
Case arises from an injury caused at a car wash. Defendant argues that it never owned, leased, managed or controlled the premises where the injury occurred so it cannot be liable on a premises liability theory. Defendant then argues that it cannot be held liable on a successor liability theory despite purchasing certain assets from a company that would have been liable. The defendant retraces the corporate transactions and argues that plaintiff cannot meet any of the traditional exceptions to the rule of no liabiltiy for a successor corporation.