On March 16, 2020, Tom Waxter, Kamil Ismail, and Justin Tepe obtained summary judgment in a premises liability action on behalf of a client in the Circuit Court for Baltimore City. The plaintiff, a temporary laborer assigned to work in the client's facility, alleged that he was seriously injured when an overhead pipe exploded and fell on him.
The client moved for dismissal or summary judgment as an initial pleading, arguing that the plaintiff was a "shared employee" with the temporary laborer’s company. Accordingly, the plaintiff could only recover from the client in a workers' compensation claim. The client provided a detailed affidavit outlining the employment relationship with the plaintiff and the contractual relationship with the temporary laborer's company. The plaintiff opposed the motion and argued that he was not an employee of the client and that he needed discovery to develop his position.
Convinced by the client's motion and argument at hearing, the Court denied the plaintiff an opportunity to conduct discovery and granted summary judgment in favor of the client. By obtaining judgment before any discovery, the client will avoid unnecessary litigation and expense.