Rob Rausch wins summary judgment in car wash case

Maynard, O’Connor successfully defended the owner of a car wash, in a case in which a driver accelerated out of the car wash and struck the plaintiff – an employee of the car wash – causing a partial amputation of his leg. The defendant property owner argued that it could not be held liable, as the car wash did not malfunction, that the sole cause of the accident was the actions of the driver, and that the property owner could not be sued, since the plaintiff had already recovered Workers Compensation benefits from his employer. The court agreed, and held that under the circumstances, the action was barred, and dismissed the case in its entirety.