Posted in Verdicts and Settlements on September 8, 2022
Seth Goldberg, a partner in the firm’s Hollywood office, along with Samuel Spinner, an associate in the firm’s appellate department, recently prevailed on a motion for summary judgment in a slip-and-fall case involving a transitory foreign substance. The plaintiff testified that she did not see the liquid before she fell, did not know how long it was on the floor, and did not know how it got on the floor. The defense moved for summary judgment, arguing the plaintiff could not meet her burden to prove that the business owner had actual or constructive knowledge of the substance before the accident as required by Florida Statute section 768.0755. The plaintiff argued that the defendant must have known of the substance because there was an employee in the area where she fell. The trial court rejected this argument, agreeing with the defense that there was no evidence the employee spilled the liquid on the floor or knew about it before the accident. Therefore, the trial court granted final summary judgment for the defendant.
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Posted in Verdicts and Settlements on September 6, 2022
Joshua C. Canton, a partner in the firm's Tallahassee, Florida office, Justin B. Hales, an associate in the firm’s Tallahassee, Florida office, and Jesse Dyer, an associate in the firm’s appellate department, recently prevailed on a motion for summary judgment in a wrongful death premises liability negligent security claim in Madison County, Florida where they argued that the Defendant apartment complex breached no duty owed to the Plaintiff because the incident was not foreseeable, and, even if there was a breach of duty, the Defendant was not the proximate cause of decedent’s death.
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Posted in Verdicts and Settlements on August 25, 2022
Rod Lundy, a partner, and Tylar Heintz, an associate, both of our Orlando office, secured a favorable verdict in Orange County, Florida following a 7 day trial.
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Posted in Verdicts and Settlements on August 22, 2022
Conroy Simberg's Hinda Klein obtains a reversal of a trial court‘s award of attorney fees in a PIP suit filed over pennies of interest.On August 17, the Fourth District Court of Appeal issued its opinion in Liberty Mutual Insurance Company v. PAN AM Diagnostic Services Inc. d/b/a PAN AM Diagnostic of Orlando a/a/o Claudine Jean, 4D21-2156, (Fla. 4th DCA 2022), reversing an attorney fee award of $24,028.27 in a suit filed over $0.14 cents of statutory interest.
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Posted in Verdicts and Settlements on August 15, 2022
Dale L. Friedman, a partner in the firm’s Hollywood Office, and Diane H. Tutt, an appellate partner in the firm’s Hollywood Office, recently obtained summary judgment in a wrongful death case brought by the personal representative (mother) of an intellectually disabled adult who was residing in a group home and was struck and killed by a vehicle as he walked across a roadway to get a snack. The Plaintiff was represented by a very well respected personal injury law firm in Palm Beach.
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