Partner Tom Berger obtained a summary judgment in a case involving a question of legal duty associated with a foreseeable-zone-of-risk analysis pursuant to McCain v. Florida Power Corp., 593 So. 2d 500 (Fla. 1992). He was assisted by senior associate Kevin Franz and associate Geneva Fountain, who conducted research, prepared outlines, and wrote briefs for the motion.

The Plaintiff had four back surgeries after falling in a yard, with total medical expenses of over $700,000 (adjusted to just under $300,000) and was found to be totally disabled to work.