Verduzco v. American ValetMichael Ludwig and Jennifer Anderson, attorneys with Jones Skelton & Hochuli in Phoenix, recently obtained the complete dismissal of their clients from a catastrophic injury and wrongful death case. The six plaintiffs— two adults and four children—were involved in a two-car accident that killed one passenger, caused traumatic brain injury to another, and significantly injured the remaining passengers.  The plaintiffs’ vehicle was struck by a car driven by a man who was allegedly under the influence of drugs and who, hours earlier, had stolen the car from a valet service by claiming to be the owner.

The plaintiffs sued the valet company, the hotel at which it operated, and the driver of the stolen car.  Ludwig and Anderson filed a motion to dismiss all claims against the hotel and valet company, arguing that neither owed a duty of care to the plaintiffs because no special relationship existed between them.  The plaintiffs responded by claiming that public policy supported imposing a duty of care on everyone to avoid creating situations that pose an unreasonable risk of harm to others. The trial court disagreed and granted the motion to dismiss on behalf of JSH’s clients.

Michael Ludwig’s practice focuses on defending clients in matters involving construction defect, personal injury and wrongful death, premises liability, and professional liability.