Smith v. Bl. Co.
The plaintiff in this case sought to recover damages from the defendant for injuries sustained as a result of the defendant’s alleged professional negligence. The plaintiff alleged that they were injured as a result of an accident wherein they fell from a retaining wall onto a driveway which was approximately six feet below. The present action was a secondary action which the plaintiff brought subsequent to the trial court granting the defendant’s motion for summary judgement in their first action. In their first lawsuit, the plaintiff claimed that the defendant was responsible for and supervised the construction of the retaining wall and alleged that the wall constituted an absolute and public nuisance. The trial court concluded that the plaintiff failed to provide evidence to support their claim that the defendant had control of the property on which the retaining wall was constructed.