Represented a property owner and management company at trial as lead counsel in a premises liability claim where the plaintiff alleged she slipped and fell down a staircase at an apartment complex in Collier County, Florida.

Here, it was undisputed that the staircase in question was a dangerous condition which caused the plaintiff to fall. The plaintiff alleged that she had permanent injuries to her lower back which caused constant pain and severely affected her daily activities. Notably, the plaintiff had over $50,000 in medical bills and a recommendation from her orthopedic surgeon that she required a $150,000 lumbar discectomy & fusion surgery. The plaintiff requested nearly half a million dollars in damages.

At trial, a defense was presented that made the case a referendum on the plaintiff’s credibility. Specifically, counsel cross-referenced the plaintiff’s medical records with her social media posts to establish material inconstancies with her alleged condition. Additionally, counsel elicited favorable testimony from the plaintiff’s orthopedic surgeon, casting doubt on his diagnosis and surgical recommendation. The defense also argued that the plaintiff was comparatively negligent. 

Ultimately, the jury returned a verdict that was completely offset by the clients' statutory entitlement to attorney's fees and costs, which resulted in the client receiving a net award of nearly $20,000. 

Represented an apartment complex as lead counsel in a premises liability claim where the plaintiff alleged that she slipped and fell down a staircase in Collier County, Florida. Here, the plaintiff required emergency surgery on her ankle because of the fall. As a result, she alleged permanent injuries and demanded policy limits. 

Initially, the plaintiff alleged that a cracked concrete stair had caused her fall. However, at the plaintiff’s deposition, counsel elicited testimony that established the cracked portion of the stair could not have possibly caused or contributed to the fall. Thereafter, the plaintiff changed her testimony and alleged that she fell because the stair was “loose.” In response to this new allegation, counsel worked with the client to obtain a video recording showing that the stair in question could not have been loose as the plaintiff alleged. 

At arbitration, counsel relied on the client's video recording to negate Plaintiff's testimony with respect to liability. As a result, the arbitrator awarded a full defense verdict in favor of the client, which was subsequently enforced by the court.

Represented the property owner and management company as lead counsel in a premises liability claim where the plaintiff alleged that a community grill abruptly fell on top of him in Broward County, Florida. Here, the plaintiff demanded policy limits after alleging permanent injuries to his lower back and tailbone.  

Notably, the plaintiff alleged our clients were negligent for not ensuring the grill was properly anchored to its respective countertop. However, after eliciting testimony from the property manager, maintenance staff, and several third parties, we moved for summary judgement, arguing that our clients did not have sufficient “notice” of the alleged condition as required under Florida law.

Ultimately, based on the record evidence, the Court granted our summary judgement motion with prejudice, absolving our clients of any liability and allowing them to avoid the expense of trial.  

Represented the developer and property owner as lead counsel in a premises liability claim where the plaintiff suffered catastrophic injuries when he fell off the roof during the construction of an apartment complex in Hillsborough County, FL. The plaintiff also filed suit against the general contractor. 

Early in the case, an aggressive tender was made to the general contractor and their insurers for defense and indemnification based on the language in the construction contract. After sending out several carefully drafted tenders, the primary insurer for the general contractor accepted coverage on behalf of the property owner, but not the developer. As a result, a professional but strong analysis was sent to the general contractor’s out-of-state claim adjuster explaining why the developer was also an additional insured under Florida law. After several pleasant but firm discussions, the general contractor’s carrier accepted coverage on behalf of both clients. Ultimately, very little was billed to the clients and their primary and excess carriers avoided any expense at all.

Represented a property owner, management company and several other related entities as lead counsel in a wrongful death negligent security case where the decedent was shot at an apartment complex in Orange County. 

Here, the decedent’s estate and surviving minors were represented by an aggressive law firm that specializes in negligent security cases. The initial demand was for $9 million with a claim for punitive damages. After successfully getting several defendants dismissed and using a private investigator to locate key witnesses, a revised defense was formulated that was not initially feasible. As such, the defendant was able to settle the case for an amount that was substantially less than plaintiff’s demand and without the potential exposure at trial.

Our firm represented an apartment complex in a premises liability claim where the plaintiff alleged that he slipped and fell down a staircase in Collier County, Florida. Here, the plaintiff alleged permanent injuries to his lower back and demanded policy limits. 

Notably, the plaintiff argued that our client was negligent because it had failed to fix an inoperable light above its staircase. While there was merit to this argument, we nonetheless argued that the plaintiff was an unauthorized occupant at the time of the incident, and thus a trespasser who was not afforded any duty of care. After eliciting the necessary testimony from the plaintiff, we moved for summary judgement based on this argument.

Ultimately, the case settled for a nuisance value shortly before the motion was set to be heard, and for an amount that was well less than 1% of Plaintiff’s initial demand.

Represented a property owner and management company as lead counsel in a premises liability claim where the plaintiff alleged personal injuries after slipping at the entrance of a retail store in Santa Rosa County, FL. Shortly after suit was filed, counsel convinced the plaintiff that the clients did not have possession or control over the area in question, and the plaintiff dismissed her claims against the clients with prejudice.

Represented a contractor as lead counsel in a premises liability claim where the plaintiff alleged personal injuries from falling down an unsteady staircase that had been constructed for a professional golf tournament in Orange County, FL.

Here, after having two invasive surgeries on his knee, the plaintiff made an initial demand for policy limits. However, at the plaintiff’s deposition, counsel elicited favorable testimony that severely discredited his allegations concerning the incident and the client’s liability. As a result, the case settled for an amount that was a fraction of the plaintiff’s initial demand and approximately 10% of his total medical bills.

Represented a property management company as lead counsel in a negligent security case where the plaintiff was stabbed at an apartment complex in Hillsborough County, FL. 

Early in the case, an aggressive tender was made to the property owner and its insurance carriers for defense and indemnification based on the language in the management agreement. Shortly thereafter, the primary carrier for the property owner accepted defense and indemnification on behalf of the client. Ultimately, very little was billed to the client and its primary insurance carrier avoided any expense at all.

Represented an irrigation contractor as lead counsel in a premises liability claim where the plaintiff sustained serious injury after falling into an uncovered sprinkler valve outside a restaurant in Marion County, FL. The plaintiff also named the maintenance association and property management company as co-defendants. 

After the plaintiff and co-defendants initially targeted the client as the most liable defendant, counsel formulated a strong defense that the client could not have been in possession or control of the location of the incident. Additionally, counsel was able to get co-defendants counterclaims dismissed with prejudice. After eliciting favorable testimony at the deposition of co-defendant’s corporate representative, the case settled globally with only a minor contribution from the client, and for less than prior counsel’s settlement evaluation.

Represented the property owner and management company as lead counsel in a premises liability claim where the plaintiff alleged injuries after slipping on leaking water inside a retail store in Polk County, FL.  The client was sued by the retail store as a third-party defendant.

While the water the plaintiff slipped on was clearly the result of a leaking roof (which the client was responsible for maintaining), counsel formulated a defense based on the retail store’s failure to provide adequate notice under the express terms of the lease agreement. After eliciting favorable testimony from multiple store employees, the case settled globally with only a minor contribution from the client, which was approximately 15% of the plaintiff’s total medical bills and less than the initial evaluation.

Represented a property management company as lead counsel in a wrongful death negligent security case where the decedent was shot at an apartment complex in Hillsborough County, FL. Early in the case, an aggressive tender was made to the property owner and its insurance carriers for defense and indemnification based on the language in the management agreement. Shortly thereafter, the primary carrier for the property owner accepted defense and indemnification on behalf of the client. Ultimately, everything billed to the client was reimbursed without any expense to its insurance carriers.

Represented a property owner and management company as lead counsel in a premises liability claim where the plaintiff alleged that she slipped and fell down a staircase at an apartment complex in Collier County, Florida. 

At the plaintiff’s deposition, counsel elicited testimony that severely diminished her credibility, particularly with respect to her prior medical treatment and the alleged condition that caused her fall. Ultimately, the case was settled within one year of assignment for approximately half the amount of the plaintiff’s medical bills and squarely within counsel’s original evaluation.

Represented a painting contractor as lead counsel in a premises liability claim where the plaintiff alleged that she slipped and fell on a painted concrete walkway outside a retail store in Pinellas County, Florida. 

Here, the plaintiff alleged that she slipped and fell because the client negligently painting the walkway. The client, however, maintained that it had not painted the walkway until after the alleged incident and provided several records to support this contention. After opposing counsel refused to dismiss the client, counsel immediately moved for summary judgement and sanctions. As a result, the plaintiff promptly dismissed the client with prejudice, resolving the case within a couple of months of assignment.

Represented a roofing contractor as lead counsel in a slip and fall case where the plaintiff alleged personal injuries after slipping on a hose outside a construction site in Hillsborough County. After suit was filed, counsel filed a third-party complaint naming the supply company and property manager as third-party defendants. The case was settled approximately a year after assignment for a nuisance amount due to the meaningful contributions made by the third-party defendants.