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 […]

Partners Kelly Gillis, C.J. Gomes, and Pamela Nelson will be a speaking at the 2024 27th Annual Florida Liability Claims Conference held June 5-7 at Disney’s Yacht & Beach Club Resorts in Orlando, FL. They will be speaking on the topic “Multiple Claimants/Inadequate Limits: “Globals” in the Post-Tort Reform World.” March 2023 marked the beginning of substantial changes to the tort law in Florida, including the creation of Florida Statute § 624.155 (6). This new subsection establishes safe harbors for insurers to avoid bad-faith liability when confronted with multiple competing […]