Rob Rausch was recently successful on a motion for summary judgment and dismissal of an unusual claim against a local school district. A pedestrian was walking along a sidewalk beside the school when, for unknown reasons, she suddenly fell, and her head became entrapped between bars of an adjacent fence, resulting in her death. The claim was brought on behalf of her Estate. After extensive discovery, Rob moved to dismiss the case against the school, and argued that plaintiff could not prove why she fell, and could not prove the existence of any dangerous condition that caused her fall. The court ultimately agreed, and dismissed the case in its entirety. The case was dismissed just a few weeks before trial and in the face of a settlement demand which was well in excess of $1,000,000.
