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News & Events

NRRDA July Newsletter…


If you are not already a NRRDA member, here is how you can join this list of growing restaurant and retail professionals working together to reduce and manage the claims in our industry.

 Open, Obvious & Ohio

By: Samuel G. Casolari, Jr., Esq.*

Marshall, Dennehey, Warner, Coleman & Goggin

 Submitted by Jacqueline Canter

Marshall, Dennehey, Warner, Coleman & Goggin

In Lang V. Holly Hill Motel., Inc., 2009-Ohio-2495, the Ohio Supreme Court held that the open and obvious doctrine may be asserted as a defense to a claim of liability arising from a violation of Ohio’s basic building code.

To read this article in its entirety, please click here.

GEORGE VAN ANTWERP, Personal Representative of the Estate of Nancy Van Antwerp, Deceased vs. GROSSE POINTE VILLAGE GRILLE, INC.

By: Melissa Melshenker


John T. Eads, Chris M. Hills and Melissa Melshenker of Kopka, Pinkus, Dolin & Eads, PLC, obtained summary judgment in a “floor mat” case instituted against a restaurant. The suit was heard in Oakland County Circuit Court in front of Judge Daphne Curtis.

To read this article in its entirety, please click here.



By:  Beth Boggs

Boggs, Avellino, Lach & Boggs

In Cherlyn Moffitt v. Supervalu, Inc., the Plaintiff claimed that she fell while shopping with her four year old granddaughter. The Plaintiff claimed that she fell on a wet floor, but could not identify what substance caused her to fall. She was unable to personally identify any substance on the floor which may have caused her to fall, and was unable to produce any witnesses who could identify any substance on the floor, except her granddaughter.

To read this article in its entirety, please click here.

Traumatic Brain Injury Case in Sonoma County

By: Paul Caleo

Burnham Brown

Paul Caleo of Burnham Brown in Oakland, CA. with senior associate Aimee Hamoy-Perera, successfully defended a traumatic brain injury case, with claimed damages in excess of $3 million, in a four week jury trial in Sonoma County. The jury rejected the claims of brain injury and future lost earnings of almost $1.8 million and returned a verdict just above the statutory pre-trial offer of $510,000. Liability was not disputed, but the nature and extent of Plaintiff’s claimed injuries and damages were.

To read this article in its entirety, please click here.

Falling Short of Negligence in a Slip and Fall

By:  Peter Lind and Benjamin Westerberg

Waldeck & Lind

Accumulated drops of rainwater in the Brooklyn Center Target Store were enough to create a slick surface but fell short of establishing a claim for negligence.

To read this article in its entirety, please click here. 

Submitting an Article for the Newsletter

As a part of the newsletter, we would like to provide summaries of cases throughout the country which may be of interest to our members.  We encourage you to bring such cases to our attention or to submit your own summaries and articles pertaining to items of interest and developing trends revelant to the retail and restaurant industries.  Please forward your proposed submissions to Beth Boggs, c/o NRRDA at

What is NRRDA?

NRRDA is an independent, non–profit, networking association of legal and claims professionals in the retail and restaurant industries. Membership in NRRDA places you at the forefront of the development of strategies to reduce the number and severity of claims, manage common risks, and enhance our defense position in litigated matters.


The 2011 NRRDA Annual Conference will be held in Orlando, FL at the Orlando Airport Marriott from Wednesday, February 23 to Friday, February 25, 2011.  Registration for the Annual Conference will be available in the coming weeks. However, rooms at the Orlando Airport Marriott can be reserved beginning today by calling 800-380-6751 and mentioning the National Retail and Restaurant Defense Association.

NRRDA’s group rate of $139.00/night extends three days prior to and after the event, making this an affordable option for families wishing to travel to Orlando with NRRDA Annual Conference participants.
More information, including conference registration, will be available soon!

Please direct any questions to the NRRDA office at 847-324-7050 or