Plaintiff's Claims Get Shot Down
Obtained summary judgment in the Supreme Court of Kings County on behalf of a security, protection and investigation company in a case involving claims for negligent premises security as a result of a shooting at a housing project. The plaintiff was a resident of the premises when he sustained multiple gunshot wounds by an unknown assailant on the outdoor grounds of the property. The security company was hired by the co-defendant property owner to provide uniformed and armed security guards. We argued for dismissal on the grounds that our client, as an independent contractor, owed only a contractual duty to the owner but no duty of care to a third party such as the plaintiff. We also successfully argued that the plaintiff failed to establish a prima facie case for negligent security by failing to establish that the shooter was an intruder or that the shooting occurred as a result of any negligent act or omission on the part of the security company. The court accepted our arguments in issuing a decision dismissing the plaintiff's complaint and all cross-claims against our client.