Paul D. Van Der Walde of Caputo & Van Der Walde LLP has successfully
secured a reversal of a summary judgment on appeal of a
wrongful death lawsuit related to the 2008 death of a man who was stabbed at a bar resort
on Lost Isle. Having initially been ruled in favor of the owners of the
resort, Attorney Van Der Walde was able to successfully appeal the decision
on behalf of the man’s family and prove that there were still triable
issues of fact which preclude the judgment, notably regarding the defendant’s
duty to protect the decedent under
premises liability law.
Attorney Van Der Walde argued that the owners of the resort had a special
relationship with the decedent, as he was an invitee of the resort, and
therefore had a duty to make a reasonable effort to ensure his safety.
By failing to provide adequate security, metal detecting wands and body
searches, Attorney Van Der Walde alleged that the owners violated their
duty to train their staff to handle violent situations.
As a result of the injustice of the initial ruling and the inability of
the plaintiffs to afford an appeal, our San Jose wrongful death attorneys
at Caputo & Van Der Walde chose to self-fund the appeal and pursue
justice on our clients’ behalf, ultimately prevailing. A retrial
is set to commence sometime soon, with a deposition of the murderer in
the case having occurred in late September 2016.
Powerful Wrongful Death Advocacy in San Jose
At Caputo & Van Der Walde, our team of top-rated San Jose
personal injury attorneys have more than 100 years of collective experience fighting for
the rights of injured clients and their families. If you or your loved
one has been harmed at the hands of a negligent party, our firm can provide
the aggressive representation you need to assert your rights and pursue
the compensation you deserve.
Call (800) 900-0863 or
schedule a confidential, no-cost consultation today to get started.