GDEL Secures Dismissal for HOA in Trip-and-Fall Lawsuit

July 2025

Gray, Duffy, Eisenbaum & Lee, LLP obtained a dismissal on behalf of a homeowners association (HOA) client in a trip-and-fall case involving a utility cover located on a public sidewalk. The plaintiff alleged he was injured after stepping into the utility hole in front of the HOA’s property and sued the HOA for damages. Attorney  Samantha Kim  successfully argued that the utility cover and sidewalk were outside the HOA’s property line and under the city’s jurisdiction. Following an initial round of discovery, the Plaintiff agreed to dismiss the HOA, which was then entered by the court, avoiding further litigation and expense for the client.

Please Note : This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.