News & Events

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.  

Miles McGrane, IV, a partner in the firm’s Hollywood office, along with Aaron Zeilberger, an associate in the firm’s Orlando office, obtained a defense verdict on behalf of a trucking company and its driver in a personal injury case after a five day jury trial in Lake County, Florida. The case was bifurcated and this trial was on liability only. The jury deliberated for thirty minutes before returning with their verdict.

Seth Goldberg, a partner in the firm’s Hollywood office, along with Samuel Spinner, an associate in the firm’s appellate department, recently prevailed on a motion for summary judgment in a slip-and-fall case involving a transitory foreign substance. The plaintiff testified that she did not see the liquid before she fell, did not know how long it was on the floor, and did not know how it got on the floor. The defense moved for summary judgment, arguing the plaintiff could not meet her burden to prove that the business owner had actual or constructive knowledge of the substance before the accident as required by Florida Statute section 768.0755. The plaintiff argued that the defendant must have known of the substance because there was an employee in the area where she fell. The trial court rejected this argument, agreeing with the defense that there was no evidence the employee spilled the liquid on the floor or knew about it before the accident. Therefore, the trial court granted final summary judgment for the defendant.

Joshua C. Canton, a partner in the firm's Tallahassee, Florida office, Justin B. Hales, an associate in the firm’s Tallahassee, Florida office, and Jesse Dyer, an associate in the firm’s appellate department, recently prevailed on a motion for summary judgment in a wrongful death premises liability negligent security claim in Madison County, Florida where they argued that the Defendant apartment complex breached no duty owed to the Plaintiff because the incident was not foreseeable, and, even if there was a breach of duty, the Defendant was not the proximate cause of decedent’s death.

Rod Lundy, a partner, and Tylar Heintz, an associate, both of our Orlando office, secured a favorable verdict in Orange County, Florida following a 7 day trial.