Archive by Month: March 2016

Final Summary Judgment Obtained

Posted in Newsletters - 2016 on March 31, 2016

Robert S. Horwitz, partner in our West Palm Beach office, recently obtained final summary judgment in favor of a window installer and sub-contractor Defendant.   

The matter arose out of an alleged fall from a scissor lift in Ft. Lauderdale, Florida.  Plaintiff, a painting tradesman, allegedly fell off of a scissor lift and sustained multiple injuries throughout his body, including: fractured ribs, multiple level thoracic spine fractures, and lacerations of the arm and face.  Plaintiff incurred over $40,000 in medical specials and made an unspecified claim for lost wages.  Plaintiff alleged the Defendant failed to maintain the premises in a reasonably safe condition, allowed a dangerous condition to exist, failed to warn of and inspect for dangerous conditions, and otherwise operated the job site and/or scissor lift in a negligent manner.

The Defendant sought Summary Judgment on the basis that Plaintiff could not prove the Defendant's negligence caused Plaintiff's injuries.  The Circuit Court Judge sitting in the 17th Judicial Circuit in and for Broward County granted final summary judgment in favor of the Defendant when the Defendant made a prima facie case for summary judgment, and the Plaintiff was unable to put forward evidence that the Defendant's negligence caused Plaintiff's injuries. 

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