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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. 

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.