On January 6, 2025, Senior Partner Erin O’Connell obtained a Final Summary Judgment in a General Liability matter styled Le Luxe Beauty Bar d/b/a Bellezza Beauty Bar v. Enlighten Electric. The case involves claims of negligence, negligent hiring, and negligent retention against our insured, Enlighten Electric.  Plaintiff, a nail salon, claimed that an employee of the Defendant burglarized the salon resulting in damages, including loss of earning capacity and income.  The salon was new and not yet opened, and was under construction by various contractors, including Defendant, with intent to open shortly before the burglary occurred.  The salon shared a d/b/a with an existing salon at a different location, owned by the sister of the owner of the new salon.  Plaintiff brought suit under the legal entity and d/b/a of the existing salon, and not the new salon, as it was not yet open and there was a question of ownership and damages.

Defendant argued that Plaintiff, a d/b/a salon, filed suit under the incorrect legal entity name.  The case involved complications including ownership of various entities, transfer of ownership, and which entity incurred damages.  Plaintiff argued that the two salons were tied together inextricably, and that the existing salon was the proper Plaintiff as the new salon was unable to open due to the burglary.

The Court heard oral argument in July of 2024 and the Court spent six months weighing the arguments and all evidence provided by the parties.  The Court agreed that the party that brought the suit was the incorrect party.  The Court also found that the Defendant is entitled to its fees and costs for the life of litigation. Of note, the date of loss was October 20, 2019, and the statute of limitations has now run, so the correct Plaintiff cannot now come forward with suit of their own.