Oliva Poche, et al. v. Nobu Corp., et al.

August 6, 2023 – United States District Court, Chicago, Illinois

Steve Smelser, Jacquelyn Sugapong, and Hassan Elrakabawy won summary judgment for Yukevich | Cavanaugh clients: Nobu Hospitality, Evolution Music, and Music Getaways in a premises liability case. The plaintiff allegedly slipped and fell at a jazz festival near the pool area of a Nobu franchisee hotel in Cabo San Lucas, Mexico. Responding to numerous amendments of the pleadings and evidence by the plaintiffs’ lawyers, the Yukevich defense team won three separate motions for summary judgment establishing that Nobu and the music festival organizers did not owe a duty of care based on their lack of actual control over the premises where plaintiff was injured. In addition to holding that Nobu and the music festival organizers did not own or control the franchisee hotel, Los Angeles Superior Court Judge the Honorable Michael E. Whitaker adopted Nobu’s threshold legal argument that it is not enough to show that a franchisor has allowed the franchisee to use its trade name or good will, or that the franchisor’s name appears on the materials used by the franchisee.

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