News & Events

Fort Myers managing partner, Cristobal Casal, and attorneys Holly Paar and Piero Sotomayor recently prevailed on a Motion for Summary Judgment in which Defendant argued that Plaintiffs’ Notice of Intent to Initiate Litigation failed to comply with Florida Statute 627.70152  The Court agreed that Plaintiffs’ failure to specify and itemize their damages, attorneys’ fees, and costs and include a disputed amount as required by the statute meant that Plaintiffs failed to comply with a condition precedent prior to filing their lawsuit. 

Noelia C. Vaccaro recently prevailed on a motion to dismiss in an AOB case in Hillsborough County, in which the Plaintiff filed a breach of contract based on an alleged assignment of post-loss benefits (AOB) executed by the insured on February 10, 2021. The AOB is governed by section 627.7152, Florida Statutes, which requires all assignment agreements executed on or after July 1, 2019, to include specific elements for validity. Defendant argued the AOB did not comply with the statute because it lacked a written, itemized, per-unit cost estimate of the services to be performed, attaching only invoices for services already completed. The Court agreed with the Defendant, finding that the AOB was invalid and unenforceable because it did not include the required itemized cost estimate for future services, per section 627.7152(2)(a)4.

Tallahassee managing partner, Joshua C. Canton, and associate, Justin B. Hales, secured a directed verdict in a trip and fall case in Hillsborough County, Florida against one of America’s largest injury firms, where the Plaintiff claimed a scraper mat outside of a convenience store was a dangerous condition which caused his fall.  The Plaintiff received a lumbar laminectomy and had an ACDF surgical recommendation.  Medical expenses totaled $120,000 with another claimed $130,000 in future medical expenses. Plaintiff was seeking $1,500,000 at trial.  The defense disputed liability, causation, and damages.  Following the close of the Plaintiff’s case-in-chief, the defense moved for a directed verdict on the basis that the Plaintiff had not proven the scraper mat was a dangerous condition.  Before the defense could complete its case-in-chief, the court granted the directed verdict in favor of the Defendant. 

Partner Elliott Tubbs III and associate Ryan Shapot obtained Final Summary Judgment in a first party property claim on behalf of a major Florida homeowners insurance carrier. The claim arose from damages alleged to have come from a plumbing leak under the kitchen sink, but when the Insurer inspected the property, the repairs were already underway and the claimed damage was already removed and discarded.  The Insurer denied coverage based on it being significantly prejudiced by not having been given a reasonable opportunity to inspect the claimed damage.  The Court found that the Insureds failed to comply with the post-loss conditions contained in the insurance policy and that the Insureds materially breached the insurance policy.  

Joshua C. Canton, managing partner of the firm's Tallahassee, Florida office, along with Justin B. Hales, an associate in the firm’s Tallahassee, Florida office, recently prevailed on a motion for summary judgment in a private whistleblower action where they argued the employer did not qualify as an “employer” as defined, and even if the employer qualified as an “employer”, there were legitimate non-discriminatory reasons for the employees termination.