News & Events

Joshua C. Canton, managing partner of the firm's Tallahassee, Florida office, along with Justin B. Hales, a partner in the firm’s Tallahassee, Florida office, recently prevailed on a motion for summary judgment in a case where the Plaintiff was physically battered by another employee by arguing the employer Defendant was immune from prosecution based on worker’s compensation immunity.      

Cris Casal and Yasmine Kirollos, partners in the Fort Myers office, secured a favorable jury verdict in an admitted liability trial for a slip and fall at a retailer in Florida.  The Plaintiff alleged that she sustained a traumatic brain injury as well as cervical and lumbar spine injuries when she fell and struck the back of her head twice near the entryway to the store.  The fall was captured on video and shown to the jury.  Plaintiff underwent testing that she argued confirmed the existence of a traumatic brain injury.  Plaintiff also contended that the fall aggravated pre-existing neck and low back conditions which made her a candidate for an anterior cervical disc fusion and discectomy.  The jury deliberated for almost an hour before returning a verdict for close to the amount offered at the start of the trial.  The jury rejected awarding any future damages for the Plaintiff. 

Rodney Lundy recently obtained summary judgment in a premises liability action in Hillsborough County, Florida, in which the plaintiff suffered injury when he ran into a sliding glass door at his in-law’s house. The trial court agreed that the homeowners did not owe a legal duty of care to the plaintiff because they did not by their conduct create a reasonably foreseeable risk of injury. The trial court also relied on public policy reasons and the adverse effect lawsuits may have on the family relationship.

Aaron B. Zeilberger, an associate in the firm’s Orlando office, recently secured summary judgment in a slip-and-fall case against a prominent national plaintiff’s firm, representing a family-owned supermarket. The Court found that there was no evidence of actual or constructive notice on the part of our client. Plaintiff never negotiated off of their demand of $1,000,000.00. We filed a Proposal for Settlement and will be entitled to our fees and costs.

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.