News & Events

Joshua C. Canton, managing partner of the firm's Tallahassee, Florida office, along with Justin B. Hales, a partner in the firm’s Tallahassee, Florida office, recently prevailed on a motion for summary judgment in a case where the Plaintiff was physically battered by another employee by arguing the employer Defendant was immune from prosecution based on worker’s compensation immunity.      

Cris Casal and Yasmine Kirollos, partners in the Fort Myers office, secured a favorable jury verdict in an admitted liability trial for a slip and fall at a retailer in Florida.  The Plaintiff alleged that she sustained a traumatic brain injury as well as cervical and lumbar spine injuries when she fell and struck the back of her head twice near the entryway to the store.  The fall was captured on video and shown to the jury.  Plaintiff underwent testing that she argued confirmed the existence of a traumatic brain injury.  Plaintiff also contended that the fall aggravated pre-existing neck and low back conditions which made her a candidate for an anterior cervical disc fusion and discectomy.  The jury deliberated for almost an hour before returning a verdict for close to the amount offered at the start of the trial.  The jury rejected awarding any future damages for the Plaintiff. 

Rodney Lundy and Jesse Dyer recently obtained summary judgment in a premises liability action in Hillsborough County, Florida, in which the plaintiff suffered injury when he ran into a sliding glass door at his in-law’s house. The trial court agreed that the homeowners did not owe a legal duty of care to the plaintiff because they did not by their conduct create a reasonably foreseeable risk of injury. The trial court also relied on public policy reasons and the adverse effect lawsuits may have on the family relationship.

Elliott Tubbs, a partner in the firm’s Fort Myers office, recently obtained Final Summary Judgment in a first-party property insurance case in Lee County, Florida. The insured signed an assignment agreement with the Plaintiff water mitigation company shortly after Hurricane Ian.  In dispute of the payment made to Plaintiff, the Plaintiff filed suit against the insurer.  The insurer filed its Motion For Final Summary Judgment in the matter as it contended that the assignment agreement did not comply with Florida law.  The Court granted the insurer’s Motion For Final Summary Judgment because it agreed that the assignment agreement did not comply with Florida law and that this rendered the Plaintiff without standing to maintain the lawsuit.  The insurer is currently in the process of seeking attorneys’ fees and taxable costs from the Plaintiff.

Elliott Tubbs and Jesse Dyer recently obtained summary judgment in a first-party property insurance case in Lee County, Florida. The insurer invoked appraisal to resolve a dispute regarding the amount of a covered loss caused by Hurricane Ian and the insured filed suit before the appraisal process was completed.