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Security Guard Company Prevails on Summary Judgment

On January 31, 2011 a Kern County judge  dismissed a wrongful death action brought against Independence Private Patrol, Inc. The case arose from the fatal shooting of Luis Garcia at a concert in May of 2007.  Plaintiffs contended that Independence’s failure to provide adequate security at the concert resulted in Mr. Garcia’s death and demanded $14,000,000.00 to settle the matter.  Senior Associate, Matthew Cebrian, argued Plaintiffs were incapable of establishing that Independence’s conduct actually caused the shooting.  While the Court was initially inclined to deny Independent’s motion and allow Plaintiffs to proceed with their case, Mr. Cebrian’s extensive oral argument persuaded the Court to grant his client’s motion.  In its order the Court concluded that pursuant to Saelzler v. Advanced Group 400 (2001) 25 Cal.4th 763, Plaintiffs were unable to establish causation and summarily dismissed the case.  Mr. Cebrian is a Senior Associate with Murphy Pearson Bradley & Feeney and maintains an active litigation practice involving catastrophic injury and employment cases.

 

 

 

 

 

 

 


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