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Kain, Toomey and Wilson Win Philadelphia County Summary Judgment

Dan Kain, Scott Toomey and Rob Wilson obtained a rare Philadelphia County summary judgment on behalf of one of the firm’s cosmetic manufacturer clients.  As the firm’s client did not own, lease, possess, control or maintain the subject premises, it did not owe any legal duty to the plaintiff.  Even if the duty element existed, plaintiff could not establish breach as the firm’s client possessed no pre-incident notice (actual or constructive) of any allegedly dangerous condition on the premises.