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.

Sam Spinner of the firm’s appellate department recently obtained reversal of the trial court’s order granting the plaintiff’s motion to amend to add a claim for punitive damages in Scuba Shack v. 701 Palafox, LLC. During a construction project, the plaintiff alleged that the defendants created vibrations while installing sheet piles that damaged the plaintiff’s building. The plaintiff requested leave to amend its complaint to add a claim for punitive damages, alleging that the defendants ignored a geotechnical report that cautioned against using large, vibratory compaction equipment to compact the subgrade.

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.

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. 

Conroy Simberg partner Atheseus R. Lockhart and associate Aaron Zeilberger  recently received summary judgment in favor of their client in a premises liability action. The owner of the property rented the home to a tenant who installed a rope swing without the knowledge of the homeowner. The tenant invited friends to the residence and a child was hurt after the swing broke and the child fell on exposed tree roots. Defense theories include lack of control or possession of the property at the time of the incident and exposed roots were an open and obvious condition and not an unknown danger.