Blog

Summary Judgment Victory

Zupkus & Angell was hired as defense counsel for a national security company in a personal injury matter. The security company contracted to provide security services to a Colorado hospital. During this time, a nurse was attacked in one of the hospital’s parking lots. The nurse filed a workers’ compensation claim stemming from the attack. The nurse’s workers’ compensation carrier then filed suit against the security company in the form of a subrogation action.

Zupkus & Angell argued in summary judgment that Colorado courts have never expanded the duties of a private security provider to include the entire duty of the landowner, and therefore, the security company owed no duty to the nurse. The trial court agreed and granted Zupkus & Angell’s motion for summary judgment, ruling that “based on the factual circumstances surrounding the attack . . . [and the nurse’s] failure to request a security escort . . . [the security company] had no duty, pursuant to the terms of the service contract, to protect . . . [the nurse] from injury . . . .”

While Zupkus & Angell prides itself on being a trial firm, we are always pleased when we can prevent the cost and stress of trial.