In a heavily litigated premises liability action, Annette Mijanovic and Jaynee Mathis secured summary judgment in a high-exposure slip-and-fall case involving alleged catastrophic injuries. Plaintiff underwent an Open Reduction and Internal Fixation to her broken wrist and claimed she developed Complex Regional Pain Syndrome requiring implantation of a spinal cord stimulator, with alleged past medical specials approaching $500,000 and settlement demands reaching $4.9 million.
The defense moved for summary judgment on the grounds there was no evidence of actual or constructive notice of a dangerous condition. After Plaintiff shifted theories in opposition and relied primarily on expert testimony alleging violations of industry standards, the defense successfully challenged the admissibility of the expert opinions under Sargon and Kennemur, arguing the opinions lacked foundation and relied on speculative methodology. Following extensive briefing, post-motion expert deposition testimony, and oral argument in San Bernardino Superior Court, the Court excluded Plaintiff’s expert declaration and granted summary judgment for the defense.