July 14, 2022 | Verdicts and Settlements

Tallahassee Attorneys Prevail on Motion for Summary Judgment in Premises Liability Case

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 for summary judgment in a premises liability slip and fall accident in Leon County,  Florida where they argued that Plaintiff was a trespasser, and the Defendant breached no duty owed to the Plaintiff.

July 8, 2022 | Verdicts and Settlements

West Palm Beach Attorneys Successfully Prevailed on their Motion for Final Summary Judgment in “Out of State Coverage” PIP Matter

West Palm Beach attorneys Melissa McDavitt and Madison O'Connell successfully prevailed on their Motion for Final Summary Judgment. In granting the Defendant’s Motion, the Court found the policy of insurance is not ambiguous as to the “Out of State Coverage” provision, nor has the Plaintiff articulated any ambiguities. The “Out of State Coverage” provision is clearly and purposefully placed under the Liabilities portion of the policy. The “Out of State Coverage” provision is not applicable to the policy at large and is not specifically applicable to the PIP Statute.

July 7, 2022 | Verdicts and Settlements

Cris Casal Obtains Defense Verdict in a Trucking Case

Cristobal A. Casal, partner in the firm's Fort Myers office, obtained a defense verdict on behalf of a trucking company and its driver in a trucking personal injury case after a three day jury trial in Tampa.  Plaintiff was a warehouse employee at BJs Wholesale Club who suffered significant bodily injuries when the Defendants’ tractor-trailer pulled away from the loading dock while it was being unloaded.  Defendants argued that the Plaintiff violated his own employer’s loading dock policies and procedures when he began unloading the trailer without properly restraining it. The jury deliberated for less than an hour before returning with their verdict. 

July 5, 2022 | Legal Alerts

General Contractors and Subcontractors: Navigating Liability in Construction Claims

In Florida all construction claims must comply with the pre suit requirements of Florida Statute Section 558. The property owner is obligated to follow a legal process under Fla. Stat. § 558 that requires them to first notify all applicable contractors and subcontractors about the defect before taking any additional legal action. If a contractor believes one of its subcontractors was at fault for the defect, the contractor will forward the § 558 notice to them. Both the contractor and subcontractor may be present at a walkthrough of the property to see what the property owner claims is a defect. Under the statute the contractor must provide a response within a specific time period. The benefit of the process, is it allows the contractor in early to review the project and potentially make an offer of repair or resolution without litigation. It also benefits the contractor to put on notice all responsible subcontractors for risk transfer obligations to either defend, indemnify or both for their work on the project.    

June 25, 2022 | Verdicts and Settlements

Motion for Summary Judgment Granted in a Georgia Motor Vehicle Accident

Joshua C. Canton a partner in the firm’s Thomasville, Georgia office, along with Justin B. Hales, an associate in the firm’s Thomasville, Georgia office, recently prevailed on a motion for summary judgment in a pedestrian versus motor vehicle accident in Athens-Clarke County, Georgia where they argued that Plaintiff walked into oncoming traffic without regard for the right-of-way.  An offer of settlement was served by Defendant resulting in a claim against the Plaintiff for defense fees and costs.