Pittsburgh TTH Attorney Jim Leety recently won a Motion for summary judgment he filed in the Beaver County Court of Common Pleas.  Attorney Leety represented a homeowner that had hired a contractor to renovate her three bathrooms.  A dispute arose between the homeowner and the contractor regarding the timeliness and cost of the renovation work.  The dispute led to a meeting held at the home, where an argument broke out between the homeowner’s boyfriend and the contractor.  The argument culminated with the contractor pulling out a concealed handgun and killing the boyfriend.  Criminal charges were initially filed against the contractor but were later dismissed after the District Attorney determined that the shooting was in self-defense.

Following the shooting, the deceased boyfriend’s mother sued numerous parties, including the contractor and his business.  Jim’s client, the homeowner, was also named as a defendant in the civil action filed by the boyfriend’s mother.  The boyfriend’s mother raised negligence claims against Jim’s client for allegedly setting up the meeting and inviting the boyfriend, all while allegedly knowing that the contractor was dangerous.  In defending against these claims, Attorney Leety elicited testimony from the homeowner, the contractor, and other witnesses, all of whom indicated that the homeowner did not know that the contractor had a permit to carry a concealed weapon, and that she did not fear or have reason to fear the contractor. Additionally, there was testimony that the homeowner did not set up the meeting and did not have reason to believe that the boyfriend would be attending.  Relying on this testimony, Attorney Leety filed a Motion for summary judgment, arguing that there was no breach of the homeowner’s duty to her boyfriend as a landowner because there was no evidence that she expected him to attend the meeting or that she knew or should have known that the contractor posed a danger.  Following oral argument, Attorney Leety’s Motion was granted and all claims against the homeowner were dismissed.

Questions regarding this case can be directed to Jim Leety at 412.926.1422 or jleety@tthlaw.com