Attorney Van Der Walde Secures Reversal of Summary Judgment in Bar Stabbing Lawsuit

Posted By Caputo & Van Der Walde LLP || 12-Oct-2016

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.

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