Krystale Rosal’s article published in the October 2020 issue of the Advocate walks through how to use the defenses’s burden as your roadmap to defeat MSJs in premises cases. Using relevant cases from her firm as examples, she lays out some best practices and approaches to defeat an MSJ.
“I also encourage you to depose the declarants of the self-serving declarations that may be attached to the MSJs. They usually state that they were on a continuous inspection throughout their
shift or they recall (like it was yesterday) looking in the direction of an aisle while they walked by it and seeing nothing on the floor. Remind them that they are under the penalty of perjury before questioning their acts or omissions some two years prior.”