Elizabeth Previte Morgan

In April 2010, Ms. Morgan obtained summary judgment as to liability on behalf of a janitor who was seriously injured when an air conditioner grill fell on his head while eating lunch in the building where he worked.  Ms. Morgan argued that the property owner and property manager were liable on a theory of res ipsa loquitur.  In the order, Judge Jane S. Solomon acknowledged the challenge of such a claim due to the fact that res ipsa is generally reserved for a jury, stating: “A plaintiff should win summary judgment on a res ipsa claim only in the rarest of cases[.]”  Despite the harsh standard, Ms. Morgan beat the odds, convincing the court to grant summary judgment to the plaintiff.  The summary judgment decision was the leading factor in the parties’ ultimate settlement of the case in the amount of $2.9 million for the janitor.