News & Events

Seth Goldberg and Jesse Dyer recently secured summary judgment in a slip-and-fall case. The Court granted summary judgment because there was no record evidence that the store owner had actual or constructive knowledge of the water on the floor before the accident occurred. The plaintiff attempted to create an issue of fact with an affidavit stating that the water appeared brown in color which, she argued, suggested the water had been on the floor for a long period of time. The Court agreed the affidavit could not create a genuine issue of fact because it directly contradicted the plaintiff’s prior deposition testimony that she never saw the water and could not describe it.

On November 6, 2024, Joshua Canton, Managing Partner of the firm’s Tallahassee office, and Mattie Birster, an associate in the firm’s Tallahassee office, obtained a defense verdict in trucking case in the U.S District Court for Northern Florida that involved claims of tortious interference with a business relationship and defamation following a two-day jury trial. Plaintiff, a trucker, claimed that the defendant, a common carrier, falsely reported to the DOT that plaintiff refused to submit to a random drug test and asked for $700,000 and punitive damages. Defendant argued that Plaintiff had in fact refused to submit to a drug test under the applicable regulations and that the report to the DOT was truthful. The case turned on how various regulations of the FMCSA applied to the facts of the case.  The jury returned a defense verdict in an hour and a half. 

Jacksonville, partner John Viggiani and attorney Jeffrey A. Yarbrough along with Jesse Dyer, an appellate litigation support attorney, prevailed on a motion for summary judgment in a negligent security case in Duval County, Florida. 

Partner, Melissa McDavitt and Associate, Madison O’Connell in the West Palm Beach office defeated Plaintiff’s decade old claim for PIP benefits. Shortly after the carrier’s notice and investigation of the claim, the policy was rescinded for a material misrepresentation on the application for insurance. The Plaintiff, a medical provider, claimed its treatment was related to the accident, reasonably priced, and medically necessary. The Defense Attorneys not only decimated the Plaintiff’s case in chief and medical expert testimony, they successfully demonstrated the named insured made material misrepresentations on the application of insurance by failing to list a regular driver of the insured vehicle, rendering the policy void. Before the case went to the jury, Defendant argued and received a partial directed verdict as to the material misrepresentation defense.  In less than thirty minutes, the jury returned an unequivocal verdict for the defense on the remaining issues.  

Cris Casal and Yasmine Kirollos, partners in the Fort Myers office, obtained a defense verdict in a trip and fall case in Sarasota County where they represented a general contractor. The Plaintiff alleged that she was unable to perceive a step in a recently built walkway because it was not painted yellow which caused her to trip over it on her way into the building. Plaintiff alleged that the shade pattern from the landscaping in the area combined with the lack of contrast between the step and the rest of the walkway made it a dangerous condition.  Six weeks before the accident, Plaintiff had undergone a partial right knee replacement. She claimed that her partial knee implant loosened as a result of the fall and necessitated revision total knee surgery.