Boyd & Jenerette Wins Case of First Impression

August 25, 2020 by on News

In a case of first impression in Florida, Kansas R. Gooden and Ian Waldick successfully defended an appeal of a summary judgment.  The client owned property at which a vendor’s employee (the plaintiff) was stationed.  The plaintiff was injured on the job and filed a premises liability lawsuit against the property owner.  In his employment paperwork with the vendor, the plaintiff executed a Disclaimer, in which he waived his right to sue customers of the vendor for claims he could receive worker’s compensation benefits.  The trial court granted summary judgment in favor of our client, the property owner.

On appeal, the plaintiff argued that the Disclaimer was ambiguous, and enforcement thereof would be against public policy.  Boyd & Jenerette’s appellate group maintained the Disclaimer was enforceable because its language was clear and unambiguous, and it did not violate Florida’s public policy.  The Disclaimer did not prevent the plaintiff from receiving worker’s compensation benefits.  The Fourth District Court of Appeal agreed and ruled in favor of our client.  The plaintiff subsequently moved the Court for it to certify a question of great importance to the Florida Supreme Court.  We opposed these efforts, and the motion was denied.

This positive outcome was obtained through Boyd & Jenerette’s experience and dedication to zealous advocacy on our clients’ behalf.  We are always available to discuss your civil trial support and appellate needs at any time.

Kansas R. Gooden
Shareholder / Practice Group Leader
Direct: 305.537.1238

Ian E. Waldick
Direct: 904.520.7803

Comprehensive Services

Many cases overlap several areas of law. As a full service law firm, we are able to recognize how one legal discipline impacts another. We work as a team on complex issues that require knowledge of a variety of state and federal laws. This multi-disciplinary approach allows clients to receive the large-firm advantage of access to multiple attorneys in a wide scope of practice areas as well as the hands-on customer service offered by a boutique law firm. In addition to civil litigation, employment law, workers’ compensation defense, commercial law, construction law and appeals, our firm also handles professional liability claims.

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