Archive by Month: October 2022

Defense Verdict Obtained in Cast Iron Plumbing Suit

Posted in Verdicts and Settlements on October 25, 2022

Robert Horwitz, a partner in the West Palm Beach/Hollywood office, and Jesse Dyer, an associate with our appellate department obtained a defense verdict with a finding of no coverage. The Carrier had first found coverage during its claim investigation and paid the insured for repairs to his kitchen with the insured filing a supplemental claim for payment of tear out of his entire case iron; plumbing system and repairs to his entire home.

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Lack of Healthcare Professionals Leading to Rise in Professional Liability and Workers' Comp Claims

Posted in Legal Alerts on October 21, 2022

The nationwide labor shortage is changing how a wide range of services are provided throughout the country. It is growing increasingly difficult to find adequate staff in both skilled and unskilled professions. Adding fuel to the fire, COVID-19 has changed the workforce in many ways. Some employees are no longer able to work because of the symptoms of long-haul COVID, while others have left the workforce altogether. One particular area where the labor shortage has caused a serious impact is the healthcare field. 

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Tallahassee Attorneys Obtain a Defense Verdict in a First Party Windstorm Case

Posted in Legal Alerts on October 20, 2022

Joshua Canton, Michael Bonfanti, and Taylor Hansford from the firm’s Tallahassee, Florida office recently tried a first party windstorm case in Flagler County. The Plaintiffs argued at trial that the damage to the tile roof and interior of the home was caused by a non-catastrophic windstorm. The Defendant argued that the damage to tile roof was the result of wear, tear, and/or deterioration. The Defendant also argued the interior damage was excluded from coverage as it was not the result of a wind created opening caused by a peril insured against. The jury found for the Defendant and awarded the Plaintiffs nothing ($0) for repair of the home. 

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Ryan Royce Prevailed on a Motion for Summary Judgment in a Declaratory Action

Posted in Verdicts and Settlements on October 18, 2022

Ryan W. Royce, an associate in the firm’s Tampa office, prevailed on a motion for summary judgment in a declaratory judgment action brought by Plaintiff against a condominium association (“Association”) after its board had voted for the removal of the onsite sewer system and construction of a new sewer lift station to be able to connect to county sewer lines.  The Plaintiff objected to construction of the new sewer lift station and filed a declaratory judgment action seeking a determination that a majority unit owner vote was required and that the granting of an easement in favor of the county should be deemed void as a matter of law.  In our motion for summary judgment, we successfully argued that although an easement is a real property interest in land, it is a right distinct from ownership of the land itself and does not confer title to the land on which the easement is imposed. Further, because an easement is a right of use and does not transfer title, the Association had the power to grant sewer related easements to the County without a unit owner vote. The trial court agreed with the defense and granted final summary judgment for the defendant. The defendant is now pursuing recovery of its attorney’s fees and costs. 

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Conroy Simberg Attorneys Secure Summary Judgment in a Premises Liability Case

Posted in Verdicts and Settlements on October 12, 2022

Cris Casal, a partner in the firm’s Fort Myers office, along with Douglas Kemp and Samuel Spinner associates in Fort Myers and Hollywood respectively, prevailed on a motion for summary judgment in a premises liability case.  This case involved an injury that occurred to a plaintiff walking through a landscaped area at a commercial shopping plaza.  The plaintiff testified that she was on her way to retrieve the mail for her employer when she crossed through a landscaped area and stepped on a tree root causing her to “roll her ankle” and fracture her foot.   The defendant landscaping company moved for summary judgment arguing that the tree root was open and obvious and that there was no duty owed, nor breached as to the condition in question.  The trial court agreed with the defense and granted final summary judgment for the defendant.  The defendant is now pursuing recovery of its attorney’s fees and costs pursuant to an expired proposal for settlement.  

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