News & Events

Seth Goldberg recently secured summary judgment in a slip-and-fall case. The Court granted summary judgment because there was no record evidence that the store owner had actual or constructive knowledge of the water on the floor before the accident occurred. The plaintiff attempted to create an issue of fact with an affidavit stating that the water appeared brown in color which, she argued, suggested the water had been on the floor for a long period of time. The Court agreed the affidavit could not create a genuine issue of fact because it directly contradicted the plaintiff’s prior deposition testimony that she never saw the water and could not describe it.

On November 6, 2024, Joshua Canton, Managing Partner of the firm’s Tallahassee office, and Mattie Birster, an associate in the firm’s Tallahassee office, obtained a defense verdict in trucking case in the U.S District Court for Northern Florida that involved claims of tortious interference with a business relationship and defamation following a two-day jury trial. Plaintiff, a trucker, claimed that the defendant, a common carrier, falsely reported to the DOT that plaintiff refused to submit to a random drug test and asked for $700,000 and punitive damages. Defendant argued that Plaintiff had in fact refused to submit to a drug test under the applicable regulations and that the report to the DOT was truthful. The case turned on how various regulations of the FMCSA applied to the facts of the case.  The jury returned a defense verdict in an hour and a half. 

Jacksonville, partner John Viggiani and attorney Jeffrey A. Yarbrough, prevailed on a motion for summary judgment in a negligent security case in Duval County, Florida. 

Cris Casal and Yasmine Kirollos, partners in the Fort Myers office, obtained a defense verdict in a trip and fall case in Sarasota County where they represented a general contractor. The Plaintiff alleged that she was unable to perceive a step in a recently built walkway because it was not painted yellow which caused her to trip over it on her way into the building. Plaintiff alleged that the shade pattern from the landscaping in the area combined with the lack of contrast between the step and the rest of the walkway made it a dangerous condition.  Six weeks before the accident, Plaintiff had undergone a partial right knee replacement. She claimed that her partial knee implant loosened as a result of the fall and necessitated revision total knee surgery.

Fort Myers managing partner, Cristobal Casal, and attorneys Holly Paar and Piero Sotomayor recently prevailed on a Motion for Summary Judgment in which Defendant argued that Plaintiffs’ Notice of Intent to Initiate Litigation failed to comply with Florida Statute 627.70152  The Court agreed that Plaintiffs’ failure to specify and itemize their damages, attorneys’ fees, and costs and include a disputed amount as required by the statute meant that Plaintiffs failed to comply with a condition precedent prior to filing their lawsuit.