News & Events

Joshua C. Canton, a partner in 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 to Declare the Defendant Immune from Civil Action pursuant to Florida’s “Stand Your Ground” Law. Mr. Canton and Mr. Hales successfully argued that while there was an altercation at the Defendant’s place of employment, Defendant had no duty to retreat, Plaintiff’s spittle and forehead hit the Defendant and placed the Defendant in imminent fear for his safety, and the Defendant was immune from prosecution as he was authorized to stand his ground and use non-deadly force when he struck Plaintiff.

Jeffrey Rubin, a partner in the firm’s West Palm Beach office, recently prevailed on a motion for final summary judgment in a slip and fall case in Volusia County, Florida. The Court found that our client, a painting contractor, did not owe the Plaintiff a duty of care. The court also determined that our client did not proximately cause the Plaintiff’s alleged damages, injuries or losses.

Attorneys Samuel Kugbei and Christopher Corkran in the firm's Hollywood office prevailed on a motion for summary judgment in a case in Miami-Dade County in which the Plaintiff alleged that the Defendant insurance carrier was liable for the Plaintiff's car breaking down 4 months after the insurance carrier paid to have the Plaintiff's vehicle repaired at the Plaintiff's chosen body shop. The Plaintiff alleged that the replacement parts were not of 'like kind and quality' to the original damaged parts. The Court agreed with the defense. It held that without evidence of there being a contractual or other business relationship to indicate the insurance carrier was guaranteeing work performed by the body shop, the insurance carrier was not required to extend coverage for the subsequent failure of the Plaintiff's car.

Hinda Klein, head of the firm’s appellate division, was successful in obtaining a reversal of a directed verdict on causation in a case before the new Sixth District Court of Appeal.  The case involved a 24-year-old Plaintiff who was in an accident with our client and claimed to have suffered serious low back injuries.  The Plaintiff did not complain of back pain in the emergency room, did not seek medical attention for his back pain for about 18 days after the accident and was previously and subsequently engaged in rowing crew competitively.  In addition, the Plaintiff had consulted a chiropractor before the accident for low back pain and did not complete his course of treatment.  The trial court directed a verdict against the defense on the ground that no expert testified that the Plaintiff had not suffered some injury in the accident. 

West Palm Beach attorneys Melissa G. McDavitt and Brittany N. Jones, prevailed on their Motion to Dismiss Plaintiff’s Complaint with Prejudice in an Assignment of Benefits (AOB) case.