Lara Edelstein successfully defended a summary final judgment in a slip and fall case. The plaintiff slipped and fell on an “oatmeal-like” substance in the outdoor area at a gas station. There was a surveillance video of the incident that started 19 minutes and 54 seconds before the plaintiff’s fall. It showed numerous pedestrians walking and vehicles driving through the area without incident. The defendant moved for summary judgment arguing that it had no constructive knowledge of the substance on the ground prior to the plaintiff’s fall. The trial court agreed and granted the motion. […]

Tom Berger and Lisa Robinson tried a premises liability case stemming from an alleged fall outside of a plaintiff’s residence that specifically occurred on the walkway controlled and maintained by the home owner’s association. Plaintiff claimed that she slipped and fell because of nuts, pinecones and mold on the walkway. A photograph of the location that was taken four months later depicted a bad mold condition. This photograph was taken during cleaning of the sidewalk and was admitted as evidence by the trial court judge. Mr. Berger and Ms. Robinson presented other photographs […]

Kevin D. Franz and Nicholas R. Consalvo successfully obtained a decision from the Fifth District Court of Appeal reversing a $280,000 verdict in an action involving a negligent supervision and training claim brought against a hotel management company. Plaintiff’s negligence action sought damages for injuries he alleged were caused during a physical altercation with a hotel employee. Plaintiff brought claims against both the hotel employee, individually, and the hotel management company, as the corporate employer, alleging various theories of direct and vicarious liability. Liability, causation, permanency, and damages were highly disputed during […]