Kellan Byrne

Experience: Lindsay v. Azose Commercial Properties - Defense of property management company in premises liability case. Client managed property in commercial plaza that included co-defendant tavern. An altercation between patrons of the tavern spilled into plaza parking lot and resulted in multiple homicides. Estates of deceased sued client for negligence based on failure to prevent. Summary judgment for client granted based on (1) lack of possession or control of subject premises; (2) lack of special relationship with victims; and (3) lack of foreseeability of subject third-party criminal conduct.; Westwood v. Watterson - Defense of excavation company in breach of easement and trespass action. Summary judgment for client granted on basis of Spearin Doctrine, holding excavation company could not be liable as a matter of law for merely completing work according to plans and designs it was obligated to follow.; Private Hospital Arbitration Matter - Represented plaintiff hospital in private arbitration against defendant healthcare services organization. Hospital defended and settled underlying medical malpractice action alleging negligence on behalf of physician provided by healthcare services organization (physician was not employee of hospital). Healthcare services organization did not participate in defense of underlying action, and did not contribute to settlement. Brought arbitration matter on behalf of client to recover portion of settlement amount from healthcare services organization under theory of contractual indemnity. Arbitrator found underlying settlement was reasonable and based in part on provided physician's alleged negligence. Secured award of $5.7 million on behalf of client.