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.