Mulvaney and Vatsal Obtain Summary Disposition and Dismissal for Bottling Company – Corporate and Company Law


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Kevin Mulvaney (Partner-Detroit) and Eisha Vatsal (Partner-Detroit) obtained a summary disposition and remand in Muskegon County Circuit Court for Wilson Elser’s client, a bottling and distribution company. The complainant, a grocery store customer, alleges that she was struck by a loaded shopping cart while riding a motorized scooter inside a well-known grocery store in the Midwest and suffered injuries requiring surgery to the spine. Through discovery, Kevin and Eisha established that the Complainant was unable to meet her burden of proving that our client’s employee was involved in the circumstances surrounding her injury. They used store surveillance footage, customer metadata and testimonials to show that the plaintiff could not raise a question of fact about whether a customer employee was near her when the injury occurred. . The court agreed and found that the plaintiff had failed to produce evidence rebutting Kevin and Eisha’s argument, dismissing the client from the case with prejudice.

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