Verdicts by Practice Area: Premises Liability

Plaintiff asserted that the Defendant – our client – Mall negligently maintained its parking lot area and, as a result, was the direct cause of the incident. In arguments, Plaintiff attempted to establish liability based on failure to have additional crosswalks, stops signs and other safety traffic control devices in its parking lot. Nonetheless, in depositions, it was established that the Co-Defendant driver, was at a complete stop prior to making the left turn and was also familiar with the parking lot layout as he had been visiting the Mall since 1987. This key testimony aided in dismantling Plaintiff’s theory that the Mall was negligent in its design of its parking lot, which was the cause of the accident and injuries alleged.  The Mall argued that the inclusion of most of the traffic control devices recommended by the Plaintiff’s liability experts would not have altered the outcome of the accident.

Further, Defense expert, Roland Lamb, testified that based on his expertise and experience, the parking lot design was reasonable. Despite naming the driver as a Co-Defendant, Plaintiff's counsel continued to argue that the driver should not bear any responsibility for the accident and solely focused Plaintiff's case on the Mall as the responsible party.  Trial partners Jack D. Luks, and Allison I. Janowitz highlighted this fact coupled with their position that the Mall was not negligent in its parking lot design and/or it was not a legal cause of the accident.

Following closing arguments, the jury deliberated for two hours and returned a complete Defense verdict establishing that Defendant Mall and Co-Defendant driver were not the legal cause of loss or damage.

Tampa Senior Partner Jeffrey Benson, Esq., was granted summary judgment  in trip and fall matter styled Ruiz v. JMJ Doral Oaks Et Al. Pro Se Plaintiff sued claiming she sustained a traumatic brain injury after tripping and falling down Defendant’s allegedly dark stairs.  After extensive discovery, the court granted summary judgement holding that any allegations of a dangerous condition on the stairs was open and obvious. Read More. 

$1.7 M Sought | Morgan and Morgan | Jury Returned a complete Defense Verdict | Slip and Fall | Orange County.

On January 19, 2024, Managing Partner Tony Petrillo and Senior Partner Jeff Benson obtained a complete defense verdict in a premises liability matter styled Plaintiff 52 Year Old Landscaper v. Defendant Retail Store in Orange County, Florida.  The Plaintiff claimed he slipped and fell as he was walking out of the Defendant's store due to accumulated water from an employee’s unauthorized use of a watering hose.  The Plaintiff subsequently had a two-level anterior cervical discectomy and fusion at C3-4 and C4-5. His orthopedic surgeon testified he would need another neck surgery due to adjacent level disc disease that would cost $75,000.00 and a separate low back surgery in the future that would cost $100,000.00.  Plaintiff started trial claiming over $400,000.00 in past medical bills but ended trial conceding to $165,000.00 in past medical bills due to the defense proving that was the true reasonable and necessary value. The Defendant avoided any spoliation jury instruction because Plaintiff failed to prove that a duty to preserve surveillance video existed, even though a generic preservation letter was sent 18 days after the alleged incident.  During closing arguments Plaintiff demanded $1.7 million.  The jury returned a verdict finding no negligence. Read More.

Judge Oftendal held that the preserved store video was dispositive evidence supporting the Defendant’s contention that it was not on actual or constructive notice of the liquid on the floor prior to Plaintiff’s fall. Using a videography expert, the Defendant was able to prove that the source of the spill came from another customer 1 minute and 10 seconds prior to Plaintiff’s fall, thereby negating any constructive notice on Defendant under (1)(a) of the statute. As for (1)(b) of the statute, Plaintiff did not present any genuine issue of material fact showing that spills occurred with regularity, and were therefore foreseeable.  Read More

Plaintiff asked Jury for $3.6 M - 1 Week Trial Duval County - Net Verdict $43,000.

Boca Raton Senior Partner Marc Greenberg, Esq., successfully secured Final Summary Judgment in a slip and fall matter styled John Doe v. Retail Store. On March 21, 2017, Plaintiff went to the client’s Boynton Beach store to shop. He first went to use the restrooms in the front of the store, and as he exited, Plaintiff slipped and fell on liquid. Plaintiff underwent two shoulder surgeries post fall, and all of his doctors related the surgeries to acute injuries from the subject fall. Plaintiff’s past medical bill were more than $120,000, and Plaintiff’s lowest demand to settle was $150,000.

On September 15, 2021, Palm Beach County Circuit Court Judge Richard Oftedal granted the Defendant’s Motion for Final Summary Judgment on the issue of Notice. Plaintiff engaged in discovery over the course of 13 months and was unable to create any genuine issue of material fact that the Defendant had any actual or constructive notice of the liquid where Plaintiff fell. Plaintiff was unable to establish the source and origin of the foreign transitory substance or how long the substance existed on the ground prior to Plaintiff’s fall.

Defendant’s Motion for Attorney Fees and for Taxation of Costs is presently pending before the Court, in which the Defendant is seeking more than $30,000 in that regard in furtherance of an expired Proposal for Settlement. Read More.

Fort Lauderdale Senior Partner Allison Janowitz, Esq., and Appellate Partner Daniel Weinger, Esq., obtained a summary judgment in a premises liability matter styled Escriche, Vilma v. SDG Dadeland Associates, Inc. and Tip Top Enterprises, Inc. Plaintiff arrived atDadeland Mall for the purposes of going to work. She parked next to a median and stepped out of her car. Instead of walking around the median, the Plaintiff crossed the median, tripping on a rope used to hold up the tree. The fall resulted in a right olecranon fracture and a radial head fracture, as well as severe ulnar neuropathy of the right elbow. She underwent two surgeries as a result of the fall, including surgery on her ulnar nerve. The total medical bills were an estimated $151,000 future medicals of approximately $250,000, and a lost wage claim of $900,000.

Broward County Circuit Court Judge granted the Defendant’s Motion for Summary Judgment on the grounds that the condition was open and obvious and landscaping features, such as this case, are found not to be dangerous conditions. Read More.

Jacksonville Partner Deanna Dunham, Esq., obtained Summary Judgment in a premise liability case entitled Suzann Wisner v. Defendant Retail Store in the U.S. District Court for the Middle District of Florida. Plaintiff filed suit alleging that the Defendant breached its duty to the Plaintiff by negligently allowing a transitory foreign substance to remain on the floor, causing a dangerous condition, and failing to warn the Plaintiff of the resulting dangerous condition. As a result of the incident, the Plaintiff claimed a fracture of her right knee and incurred medical expenses in the amount of approximately $43,000.

The case involved a cup of yogurt, which was dropped by a customer in the dairy department of Defendant’s store. CCTV video clearly showed the customer dropping the yogurt at 10:59:33 a.m., chasing after the container and picking it up, leaving a small amount of light green yogurt on the floor. At 10:59:51, Defendant’s maintenance associate entered the area and overheard the customer announce that she had dropped yogurt. The customer was not addressing him directly, but was conveying a general warning to everyone in the area. The maintenance associate began to scan the area for the spilled yogurt just as Plaintiff slipped and fell in the yogurt at 10:59:58. A total of 35 seconds had elapsed between the time the yogurt was dropped and the time of Plaintiff’s fall. The court granted Defendant’s Motion for Summary Judgment based on lack of notice to the Defendant based on Florida Statute 768.0755, which requires a person who slips and falls in a transitory foreign substance in a business establishment to demonstrate that the business establishment had actual or constructive knowledge of the substance and should have taken action to remedy it.

In opposition to Defendant’s Motion for Summary Judgment, Plaintiff argued that Defendant’s maintenance associate was on actual notice and failed to clean or guard the spill. In its Order Granting Defendant’s Motion for Summary Judgment, the Court reasoned that the video footage showed Defendant’s employee lacked actual notice of the spilled yogurt until the customer pointed directly at it at 10:59:57, and prior to that, the customer’s general statement that she had dropped yogurt on the floor did not apprise him of the exact location of the spill. Plaintiff fell at 10:59:58. The court ruled that Plaintiff failed to meet her burden to demonstrate a triable issue of fact and could not show that Defendant had sufficient time to remedy the dangerous condition. The Court ruled, as a matter of law, that the Defendant was not liable for any injuries allegedly suffered by Plaintiff. A proposal for settlement was filed early in this case, which has allowed the client the opportunity to recover most of the defense fees and costs in this matter. Read More.

Stuart Managing Partner Lauren Smith, Esq., was granted summary judgment in a premises liability matter styled Cardullo v. South Florida Materials. The case arose from a slip-and-fall at a fuel terminal in Port Everglades. Plaintiff claimed over $350,000.00 in damages. Read More.

Jacksonville Defense Verdict November 2, 2021. During closing arguments, Plaintiff requested a verdict in excess of $1.3M.

Jacksonville Managing Partner Todd Springer, Esq., and Junior Partner Deana Dunham, Esq., obtained a defense verdict following a three day jury trial in matter styled Joyce Daugherty v. Defendant Retail Store in Baker County, Florida. Mrs. Daugherty, a 70 year old preschool teacher, alleged that Defendant breached its duty by negligently allowing a “saturated” mat to remain on the floor of the store’s vestibule, which caused Plaintiff to slip and fall. As a result of the incident, the Plaintiff claimed an injury to her right hip, for which she underwent emergency surgery and expressed continued complaints of pain and limitations. Plaintiff presented medical bills totaling approximately $150,000.00, although the court had previously granted Defendant’s Motion in Limine to limit the medical bills to what was allowed by Medicare. The parties stipulated to past medical expenses in the amount of the liens, which totaled approximately $43,000.00.

Prior to the trial, the court had granted Plaintiff’s spoliation motion, based on the inadvertent loss of 48 minutes of CCTV video prior to the fall. This resulted in a jury instruction that Defendant had a duty to maintain additional in-store video, which it did not do; and as a result the jury should find for Plaintiff unless Defendant rebutted the presumption of negligence by a greater weight of the evidence.

Defendant overcame the presumption of negligence using photographs taken by the store manager approximately 13 minutes after Plaintiff’s fall which showed the condition of the mat to be reasonably dry; and by eliciting testimony from the former store manager about his observations of the area at the time of his inspection. Defendant also used the CCTV video itself, which showed 12 minutes before the fall, and approximately an hour and a half after the fall. Defendant was able to demonstrate that the carpeted mat was not saturated and was reasonably safe.

Plaintiff elicited testimony from the responding paramedic that the floor was wet and the mat was saturated. The paramedic testified that, while she did not specifically recall the incident, review of a report refreshed her recollection, and that she recalled both the floor and mat being extremely saturated. She also testified that she, herself, had slipped as she entered the store. Defendant demonstrated to the jury that her testimony was unreliable as the CCTV video showed the EMT entering the area through a separate door, and never walking over or looking toward the mat in question.

During closing arguments, Plaintiff requested a verdict in excess of $1.3M. The jury returned a defense verdict within approximately 40 minutes. A proposal for settlement was filed early in this case, which has allowed the client the opportunity to recover most of the defense fees and costs in this matter. Read more

Senior Partner Marc Greenberg, Esq., and Appellate Partner Daniel Weinger, Esq., obtained Summary Judgment in the Trip and Fall matter styled Jane Doe v. Retail Store (Palm Beach County). Plaintiff arrived on Defendant’s premises for the purpose of shopping. She exited her vehicle with a garbage bag and intended to throw the garbage into a garbage can situated in the parking lot. Instead of staying in the parking lot to throw her garbage away, Plaintiff took a quicker route through landscaping. While doing so, Plaintiff tripped and fell into a large hole. The fall resulted in multiple surgeries and medical bills in excess of $300,000. The Defendant moved for summary judgment on the grounds that a landowner owes no duty of care to maintain or to warn an invitee of the presence of landscaping features, including holes within landscaping. Plaintiff’s reduced demand prior to the hearing was $300,000. 

Palm Beach County Circuit Court Judge John Kastrenakes granted the Defendant’s Motion for Final Summary Judgment and held that “Florida Courts have held that Landscaping features, such as the case at bar, are generally found not to constitute a dangerous condition as a Matter of Law.” See also K.G. v. Winter Springs Cmty. Evangelical Church, 509 So.2d 384 (Fla. 5th DCA 1987); see also Dampier v. Morgan Tire & Auto, LLC, 82 So.3d 204 (Fla. 5th DCA 2012). In Dampier, the Court held that “… a raised landscape planting bed, and tree stump therein, did not constitute a dangerous condition that could give rise to liability or a duty to warn on the part of the premises owner when business invitee tripped and fell when cutting across planting bed on his way to parking lot from a public sidewalk.” Id. at 204. Defendant’s Motion to Tax Costs is pending. Read more

Tallahassee, Defense Verdict, $500,00 sought. Plaintiff was seeking to recover approx. $500,000 in damages at trial however the jury rendered a defense verdict of no liability. Defendant had a proposal for settlement and is moving for attorney’s fees and costs.

Managing Partners, Anthony J. Petrillo, Esq., and Audra M. Bryant, Esq., obtained a defense verdict of no liability in a slip and fall matter styled Cindy Dougherty v. Defendant Retail Store on July 13, 2021. The plaintiff was seeking to recover approximately $500,000 in damages at trial.

This case arises out of an incident occurring on August 20, 2014 at a retail store in Tallahassee, Florida. On that date, while inside the store obtaining her items, the Plaintiff slipped and fell on an oily substance on the floor. The Plaintiff alleged that the Defendant negligently maintained its premises by allowing an oily substance to accumulate on the floor.

The Plaintiff claimed that she sustained injuries to her hip, shoulder, feet and back resulting in over $200,000 in past medical expenses. The majority of her past economic damages were related to a hip and a shoulder surgery.

The Plaintiff’s theory of liability was that the retail store had actual notice of the condition as it failed to repair a forklift that leaked hydraulic fluid. The Defendant was able to easily disprove this theory and demonstrate that it was pursued with the flimsiest of evidence.

The Defendant moved for directed verdict on causation as to the plaintiff’s hip and shoulder surgeries and for directed verdict on future economic damages. After vigorous argument, the Defendant prevailed on both motions. Resultantly, the Defendant successfully limited the plaintiff to boardable past medical expenses of $18,700 and prohibited the plaintiff’s recovery of any future economic damages. The Defendant also moved for directed verdict on liability and the Court took the motion under advisement. Notably, the Court strongly indicated that the motion for directed verdict on liability would be granted, however, the Court wanted to first obtain the jury’s verdict.

After deliberating for less than 2 hours, the jury sided with the Defendant and rendered a defense verdict. The Defendant previously served a proposal for settlement that was rejected by the Plaintiff. Accordingly, the Defendant will be filing a motion to recover its attorney’s fees and costs. Read more

Managing Partners Anthony Petrillo, Esq., and Anthony Merendino, Esq., obtained a favorable result in a personal injury matter styled Connie Ader v. Defendant Retail Store in the Circuit Court of Lake County, Florida. Plaintiff asked the jury for $1.1 million dollars at trial. The jury returned a verdict for $20,000 for the Plaintiff however Defendant had a proposal for settlement and is moving for attorney's fees and costs.

Plaintiff alleged that while she was a business invitee of Defendant Retail Store, she sustained a permanent ulnar nerve injury in her left upper extremity as a result of cutting her left forearm on a display basket while walking past it at a Defendant Retail store. According to the Plaintiff, her left forearm was impaled by an allegedly defective display basket. Plaintiff’s position was that the allegedly defective wire basket either impacted her ulnar nerve or cut through the sensory branches of the ulnar nerve. Plaintiff claimed that as a result of the incident, she experienced pain, numbness, tingling, weakness, and burning in her left upper extremity, specifically, the 4th and 5th digits of her left hand, which caused her an inability to wear her wedding ring or grip/hold things including, among other things, a cell phone, golf club, bicycle handle, and her husband’s hand. Plaintiff sought damages for past and future pain & suffering, mental anguish, disability, disfigurement, inconvenience, and loss of capacity for the enjoyment of life.

Prior to trial, Defendant Retail Store admitted liability. At trial, an adverse inference instruction was given to the jury regarding Defendant Retail Store's loss of certain evidence (display basket) which allowed the jury to infer that the missing evidence was unfavorable to Defendant Retail Store. Plaintiff asked the jury for $1.1 million dollars at trial using a per diem argument that Plaintiff should be awarded $8.00 per hour for the 5 years since the incident and the estimated 20 years she is projected to live under the Mortality Table guidelines (excluding 8 hours per day for sleeping).

Prior to trial, Defendant Retail Store served a Proposal for Settlement (“PFS”) on the Plaintiff, and depending on the amount of Plaintiff’s recoverable costs incurred prior to the date of the PFS, Defendant Retail Store will likely be entitled to recover its attorney’s fees and costs from the Plaintiff from the date the PFS was served. Read more

On December 10, 2020, Founding Partner Jack Luks, Esq., and Junior Partner Allison Janowitz, Esq., prevailed on a Motion to Strike Plaintiff’s Pleadings based on Fraud on the Court in Gandy, Anthony v. Florida Mall. This case arose out of a trip and fall in the parking lot of Florida Mall on December 23, 2017. Plaintiff asserted that Florida Mall failed to maintain the parking lot in a reasonably safe condition, resulting in Plaintiff’s injuries to his right shoulder, right knee, and lumbar spine. Plaintiff claimed medical damages of about $100,000 as a result of the fall. Throughout the investigation of the claim, the Defense found multiple surgeries on Plaintiff’s right knee that were not disclosed during deposition or discovery. Further, Plaintiff failed to disclose two subsequent incidents where he was admitted to the hospital complaining of pain in his right shoulder.

The Court found that the Plaintiff’s misrepresentations regarding the extent of his injuries, the limitations that had previously been attributed to other injuries, as well as failing to disclose the surgeries and post-accident falls, were intentional and that the misrepresentations were a scheme to mislead the Court. Accordingly, the Court granted the Motion for Dismissal based upon Fraud on the Court. Read more

Tallahassee Associate Tabitha Jackson, Esq., recently triumphed in a matter styled Micah Thompson v. The Board of Trustees for the Florida State University, et al., a Leon County suit brought by a former arrestee. Plaintiff brought a three-count suit against the FSU police for an arrest for driving under the influence. Specifically, the Counts included False Arrest, False Imprisonment, and Malicious Prosecution. Plaintiff argued that because the charges ended in a Nolle Prosequi, an entitlement to damages arose. Defendant argued in turn that not only was probable cause present during the arrest, as Plaintiff was speeding, failed the field sobriety test, and had an open bottle of vodka in his car, but also that FSU, as well as all officers involved, were all cloaked with immunity under Trianon Park Condo. Ass’n, Inc. v. City of Hialeah, 468 So. 2d 912, 919 (Fla. 1985) and §768.28, Fla. Stat. The day before the hearing on Defendant’s Motion to Dismiss, Plaintiff’s counsel Voluntarily Dismissed the complaint with prejudice. Read more

Key West Managing Partner, Jessalea Shettle, Esq., Senior Partner John Bringardner, and Appellate Partner Daniel Weinger, Esq., obtained Summary Judgment in a slip and fall case, entitled Cheryl Elmore and James Elmore v. Defendant Store just three days before the case was set to go to trial in Gainesville, Florida. Plaintiff filed suit alleging that she slipped and fell on an unknown substance in the café area of the Defendant’s store. As a result of the incident, the Plaintiff required knee surgery and incurred over $100,000.00 in medical bills. At the hearing, Ms. Shettle convinced the Court the Plaintiff had not met her burden of proof that the Defendant had either actual or constructive notice of any hazardous condition on the café floor pursuant to Florida Statute §768.0755. The Court ruled, as a matter of law, that the Defendant was not liable for any injuries suffered by the Plaintiff. A proposal for settlement was filed early on in this case, which has allowed the client the opportunity to recover approximately 70% of the total defense costs for this matter.  Read more

Laurette Balinsky, Esq., recently prevailed in a case where the court granted Defendant’s Motion to Dismiss for Fraud on the Court.  In the matter styled John J. Colon and Janet Torres v. JLM Hotels, LLC, Plaintiffs both claimed serious injuries and damages purportedly resulting from a trip and fall incident.  Both Plaintiffs alleged severe injuries resulting from an allegedly hazardous condition in a parking lot. Through discovery, the defense was able to uncover inconsistencies and false statements made by both Plaintiffs under oath. The defense obtained records from a number of facilities and agencies which completely contradicted much of Plaintiffs’ testimony regarding their alleged damages. Defendant’s Motion to Dismiss was predicated on the clear and unequivocal false statements made by Plaintiffs under oath, and after hearing argument from counsel for Plaintiffs and the Defendant, the Court granted Defendant’s Motion and entered a Final Judgment in Favor of Defendant. Read more

Orlando Managing Partner Vicki Lambert, Esq, obtained a good result when the court granted Defendant’s Motion for Summary Judgment in matter styled Meinert v Mulligan Constructors, et al. on May 22, 2020. The matter involved a slip and fall at a WAWA gas station wherein we represented the general contractor, Mulligan Constructors. Their  role was to pour the concrete for specific portions of the property. The plaintiff fell in one of those specific areas, alleging that the concrete did not have the proper finish (i.e., wet burlap vs broom finish). Since our client finished his work on the project and it was accepted by the owner two years prior to the accident, and any alleged defect was patent, we filed a MSJ based on the Slavin doctrine which generally precludes liability against the contractor when the work has been accepted by the owner and the alleged defect is patent. Read more

Appellate Partner Daniel Weinger, Esq., and Senior Partner Marc Greenberg, Esq., prevailed on appeal when the Lower Court Ruling dismissing the case with prejudice was affirmed by the 4th  District Court of Appeal in matter styled Jane  Doe v. National Retail Chain. Judge Cymonie Rowe’s dismissal on the first day of Trial was based on Plaintiff’s failure to appear at trial. Defense counsel persuaded the lower court that a dismissal with prejudice was warranted based on the decision in Scott v. Seabreeze Pools, Inc., 300 So.2d 279 (Fla. 4thDCA 1974). Read more

Orlando Managing Partner Anthony Merendino, Esq., and Appellate Partner Daniel Weinger, Esq. obtained a favorable result when the court granted Defendant Delaney Gas Station’s Motion for Final Summary Judgment on July 9, 2020 in the matter styled Vera Prochounina v. Delaney Gas Station d/b/a Mobil Gas in the Circuit Court of Osceola County.   Plaintiff filed suit alleging she slipped and fell in the restroom of the Defendant’s gas station, and claimed that liquid on the floor (which was shown in a video taken by Plaintiff’s ex-husband at the scene) is what caused her to fall.  Plaintiff allegedly lost consciousness after the fall, was transported from the scene to the hospital by ambulance, and ultimately claimed injuries to her neck and lower back as a result of the slip-and-fall.  Plaintiff’s claimed past medical expenses totaled approximately $130,000.  At the hearing, Mr. Merendino persuaded the court that Plaintiff failed to meet her burden of proof that the Defendant had either actual or constructive notice of any hazardous condition in the restroom pursuant to Florida Statute §768.0755.  In addition, the court was persuaded by the Defendant’s argument that at the time of the alleged incident, the Plaintiff was not an invitee, but an uninvited licensee, limiting any alleged duty owed to the Plaintiff by the Defendant. Read more

Fort Lauderdale Managing Partner William Peterfriend, Esq., Senior Associate Erin O’Connell, Esq., and Appellate Partner Daniel Weinger, Esq. obtained a favorable result when the court granted Defendant’s Motion to Strike Pleadings for Fraud on the Court.  In the matter styled Sultan v. Verdes Tropicana, Inc.,  Plaintiff, Diane Sultan, was claiming injuries and damages stemming from a slip and fall in a bowling alley due to an alleged malfunction of a Keigel Ion lane machine, which Plaintiff claimed dropped oil when being moved from one lane to the next.  Plaintiff claimed that oil dripped and was the cause of her fall while bowling in a league at the Defendant, Verdes Tropicana, Inc.’s bowling alley. Read more

Miami Partner Kelly Kesner, Esq. and Appellate Partner Edgardo Ferreyra, Esq. obtained an MSJ in the premises liability matter styled Lanza v. Charles Group Hotels, Inc. d/b/a Best Western Plus Atlantic Beach Resort. The case stemmed from a slip and fall in the stairwell of the Best Western Resort. Plaintiff testified that he fell on standing water in the stairwell. Importantly, Plaintiff noted that the water was clean and clear; there were no footprints and no track marks. Read more

On September 11, 2019, Fort Lauderdale Junior Partner Franklin Sato, Esq. and  Appellate Partner Daniel Weinger, Esq. obtained a good result when court granted motion for summary judgment in matter styled Martinez, Altagracia vs. Emerald Lake Office Center. Plaintiff was an invitee of one of the commercial condominiums tenants. As she is making her way down from the second floor to the first, Plaintiff slipped and fell due to water on stairs that was only partially covered from the elements. As a result Plaintiff sustained both lumbar and cervical injuries to her spine. Read more

On October 11, 2018, Jacksonville Managing Partner Todd Springer, Esq. and Senior Associate Deana Dunham, Esq. obtained a defense verdict in a slip and fall matter styled  O’Neal v. Shops at St. Johns. Plaintiff demanded $224,000 at trial. Plaintiff was walking next to her daughter back to her car when she suddenly fell, coming down on brick pavers. Plaintiff alleged that an uneven brick paver protruded above the rest, causing her to trip and fall.  Read More

On September 20, 2018, Tampa Managing Partner Anthony Petrillo, Esq. and Senior Associate Michael Bohneberger, Esq. received a defense verdict in the slip and fall matter styled Smith, Jonnie Mae v. United Services Group.  Plaintiff alleged that she slipped in a puddle of dark liquid located on the floor in front of the Dairy Queen/Orange Julius located inside the University Mall.  Video surveillance footage of the area was able to show that no such puddle existed. The case was bifurcated and only liability was at issue at the time the Defense verdict was entered.  Read More

On August 29, 2018, Fort Lauderdale, Senior Associate Allison Janowitz, Esq. prevailed on a Motion for Summary Judgment in a trip and fall matter styled Lisa Ruggiero v. Simon Property Group, Inc. This matter involved an alleged trip and fall at Boca Town Center, where Plaintiff alleged that as a result of tripping over roots she sustained an evulsion fracture requiring an open reduction ankle surgery. The Motion for Summary Judgment was based on the fact that Plaintiff cut through bushes in front of the Mall, and tripped over a tree root which was found among the bushes. Read More.

On August 2, 2018, Fort Lauderdale Managing Partner David Lipkin, Esq. and Senior Partner Dorsey Miller, Esq. obtained a defense verdict in the slip and fall matter styled Maria Cadette v. Defendant Store.  Plaintiff, a then 57 year old woman alleged that on 8/31/14 she suffered a trip and fall injury at a Defendant store garden department caused by loose mulch which had spilled from  ripped bags onto the floor.  In support of her claim she offered several photographs alleged to have been taken shortly after her fall showing mulch on the ground.  Defendant Store denied it was negligent and noted that plaintiff’s fall was not caused by the mulch on the ground, but by plaintiff simply attempting to lift an entire bag of mulch by herself without assistance as plaintiff admitted on cross examination that the fall occurred as she attempted to lift a bag of that was stacked on a pallet at nose level. Read More

On July 9, 2018, Senior Partners Luis Menendez-Aponte, Esq., Stuart Cohen, Esq. and Senior Associate Matthew W. Van Wie, Esq. obtained Final Summary Judgment in favor of the Defendant Global Cargo Alliance Corp. in relation to a trip-and-fall incident in matter styled Gonzalez, Armando & Deliaimar vs. Global Cargo Alliance, Corp.    The Plaintiff, a deliveryman, suffered a severe knee injury after he tripped and fell on a concrete riser step which led exclusively into the unit lease by the Defendant.  As a result of the fall, the Plaintiff underwent arthroscopic knee surgery to repair the damage, and received a medical recommendation for a second surgery.  Read More

Dorsey Miller, Esq. obtained a voluntary dismissal in the Premises Liability matter styled Coral v. BodyTek Fitness. Plaintiff fell and broke her arm while performing the “box jump” at Defendant’s gym.  Plaintiff signed a waiver giving up her right to sue and Defense filed an MSJ based on that waiver. Read More

On May 8, 2018, Tampa Senior Associate, Michael Bohnenberger, Esq. obtained a case dismissal and entry of final judgment for the Defendants in the matter styled Gass, Carey vs. William Young Warren and HCW Transport Company, LLC.  On August 14, 2017, Defendants moved to dismiss the case for Plaintiff’s failure to effectuate service of process within 120 days per Florida Rule of Civil Procedure 1.070(j).  On February 7, 2018, the Court heard argument on Defendants’ Motion To Dismiss Case. Read More

Fort Lauderdale Senior Associate Allison Janowitz, Esq. prevailed on a Motion for Summary Judgment and  Motion for Sanctions for Fraud on the Court in a trip and fall matter styled Liliana Yanez v. Defendant Mall.  This matter involved an alleged Trip and Fall at Boynton Beach Mall.  Plaintiff alleged that she sustained extensive dental damage as a result of the fall.   The Motion for Summary Judgment was based on the fact that the wrong entity was named in the Complaint.  Read More

In the matter styled McCown v. Defendant Retail Store, Plaintiff tripped and fell over an L-Cart that was left in an aisle by our employee. Plaintiff claimed injuries to her neck and back. Dr. Steven Dutcher of Boca Raton opined that Plaintiff was a candidate for a L4-5 decompressive hemilaminectomy with discectomy and intralaminar stabilization as well as an anterior cervical decompression with fusion at C3-4, 4-5, and 5-6. Read More

On May 11, 2018, Jacksonville Managing Partner Todd Springer, Esq., and Lynette Whitehurst, Esq., received a defense verdict in the premises liability matter styled Renan Pierre v. Tiger Lake Subdivision Property Owners Association.  Plaintiff presented a combined loss of past and future earning capacity of over $450,000 and future life care needs of over $500,000.  Plaintiff Pierre was dumping a load of shell rock when the dump truck he was operating overturned on the unpaved roadway owned by Tiger Lake. Plaintiff alleged that the road was unsafe and was not properly compacted.  The jury found no negligence on the part of Tiger Lake.  Read more

On November 30,2017, Tampa Senior Associate, Michael Bohnenberger, Esq. obtained a summary judgment in Federal Court on the slip and fall matter styled Valorie Cave vs. Defendant Store.  Plaintiff was a business invitee shopping several aisles away from the produce department.  Read More

On November 3, 2017, Orlando Partner Paul Jones and Fort Myers Partner Howard Holden obtained a defense verdict in the slip and fall matter styled Jennifer Romero v. Defendant Store. Plaintiff was a business invitee and shopping in the water aisle of the supermarket side of Defendant store.  After selecting a pack of water, Plaintiff turned to walk toward the registers and slipped in a puddle of water in the middle of the aisle.  Plaintiff fell on her left knee and coccyx. Read More

On November 1, 2017, Tallahassee Partner Dale Paleschic, Esq. and Associate Alec Masson, Esq. obtained a defense verdict in the matter styled Mendiola v. Defendant Store. The verdict came on the fourth trial day.  Plaintiff alleged he slipped on a blue-green liquid (thought to be detergent) off available security camera views. Read More

On October 31, 2017, Jacksonville Partners Todd Springer, Esq. and Christopher Ritchie, Esq. obtained a defense verdict in the trip and fall matter styled Darlene Finley v. Defendant Store.  On the night of September 12, 2014, after backing her truck up to the delivery bay, Plaintiff was walking behind the store to enter through a rear door when Plaintiff tripped and fell over a speed bump.   Read More

On August 15, 2017, Tampa Partner, Joseph Kopacz, Esq. obtained a Defense Verdict in the matter of Brubaker v. Kopper Kitchen in Pinellas County, Florida in front of Judge Pamela Campbell. Plaintiff alleged Kopper Kitchen was negligent in the installation of the brick paver walkway at the entrance of the building. Plaintiff demanded $350,000 before suit was filed. Plaintiff, a pastor claimed minimal lost wages. Plaintiff sustained significant injuries to her face including a broken nose which included additional cosmetic surgeries. Plaintiff also alleged a neck injury and the loss of her voice from the fall. The fall was captured on video surveillance where Plaintiff was depicted carrying her granddaughter on her right hip and carrying a large purse on her left shoulder. The video depicts the Plaintiff tripping on the brick paver walkway and smashing her face on the metal gate at the entrance of Kopper Kitchen. This video was played to the jury several times in an attempt to garner sympathy. Plaintiff’s husband, a police officer, testified at trial in uniform that there should have been a warning that the brick paver walkway was uneven. The Defendant argued Plaintiff tripped on the brick paver walkway because she failed to recognize the transition from the black asphalt to the open and obvious brick paver walkway. Testimony was elicited there was no other falls on the brick paver walkway before or after the Plaintiff and no modifications were made to the brick paver walkway following Plaintiff’s fall. Testimony was also elicited from one of the tenants on the Kopper Kitchen property that observed people using walkers, wheelchairs, and prosthetic legs safely ambulate the brick paver walkway before and after the Plaintiff’s fall. Plaintiff retained an Engineer to opine the brick paver walkway presented an unexpected tripping hazard because one of the brick pavers were raised over a 1/4 inch, but less than a 3/8 of inch. Plaintiff’s Engineer claimed Kopper Kitchen violated the Life Safety Code, Building Code, and the ADA. Defendant hired a construction expert to opine the brick paver walkway was correctly installed and did not violate any codes. The jury deliberated for less than 10 minutes before returning a complete defense verdict.  Read More

Boca Raton Associate Jordan Greenberg, Esq. received a Final Summary Judgment in the premises liability matter styled Wise v. Defendant Store.  This matter arose from Plaintiff’s allegations that she was injured by being struck by an electric pallet jack operated by a store employee in the electronics action alley on “Black Friday.”  Read More

In the Appellate Decision styled Obregon v. Rosana Corp, Edgardo Ferreyra, Jr. and Shana Nogues received an opinion from the Third District Court of Appeal affirming Judge Cueto’s Order striking Plaintiff’s pleadings for fraud on the Court and reversing the trial court’s finding that the “legal representatives” in the release attached to the Proposal for Settlement filed by Defendant was ambiguous. Plaintiff/Appellant, who was represented by Rubenstein Law and Wasson & Associates, slipped and fell in Defendant’s restaurant allegedly injuring her neck and back and requiring two spine surgeries performed by Dr. Roush. Read More

Boca Raton Senior Partner Marc Greenberg obtained a favorable result in the premises liability matter styled John Doe v. Retail Store. Plaintiff’s Complaint asserted that he slipped and fell on liquid on the Defendant’s premises, resulting in significant and permanent injuries to his dominant right hand. During the infancy of discovery Plaintiff stated that he had never injured his right hand before the subject incident. Read More

On July 20, 2017, Orlando Partner Paul Jones, Esq. and Miami Partner Luis Menendez-Aponte, Esq. obtained a favorable verdict in the slip and fall matter styled Pineda v. Defendant Store. Plaintiff slipped and fell in Defendant’s store from water leaking from melting ice bags.  The store had six months of repair work orders from the ice machine producing melting ice leading up to the day of the incident.  Plaintiff sustained a large abrasion on her knee from the fall that was captured in photographs.  She actively treated with an orthopedic surgeon which ultimately resulted in two surgeries involving her knee and her shoulder.  Plaintiff incurred $133,755 in medical bills.  At trial, the plaintiff presented documentary evidence and testimony from her orthopedic surgeon that she required additional surgery, including a total knee replacement, from the fall.  The plaintiff asked the jury for $330,755.  The jury rejected the future care, found the plaintiff 50% at fault for the fall, and declined to award her any pain and suffering damages.  The net verdict was approximately $68,000, half of the plaintiff’s final demand before trial.  Read More 

On June 19, 2017, following a 6 day trial, Tampa Managing Partner, Anthony Petrillo, Esq. and Partner Joseph Kopacz , Esq. obtained a favorable jury verdict in the matter styled Tracy Demoss v. Tagco Oil Company in front of Judge Schaefer, in Pinellas County, Florida. This action arose from a Slip-and-Fall accident in the parking lot of TAGCO on August 30, 2015. At the time of the alleged fall, Plaintiff was wearing worn out flip-flops and alleged she slipped when she encountered a yellow-strip in the parking lot. Plaintiff claims the yellow strip did not have the required shark grip/additives presenting a sudden and unexpected change in slip resistance causing her to fall.   Defendant argued the parking lot was in compliance with all applicable codes and industry standards. The yellow strips were slip resistant and no additional shark grip/additives were required to be used in this particular area that was a fire zone. Following this fall, Plaintiff had two surgeries including a right shoulder surgery and neck surgery at C6-C7 (Anterior Cervical Discectomy and Fusion). The shoulder surgery was to repair a torn labrum and a complete supraspinatus tear. Plaintiff’s medical bills were in excess of $419,000 and all plaintiff’s medical bills were billed under Letters of Protection (“LOP”). The jury returned a verdict finding plaintiff 60% at fault and Defendant 40%. The jury awarded: past medical expenses: $419,000, future medicals: $10,500, past pain and suffering: $40,000 and future pain and suffering: $20,000. After the comparative fault reduction, the jury verdict was reduced to $195,823. The final verdict was essentially 20% of what Plaintiff requested from the jury. Read More

On June 8, 2017, Orlando Partner Paul Jones, Esq. and Senior Associate Douglas Petro, Esq. obtained a favorable verdict in the slip and fall matter styled Alba v. Defendant Store. Plaintiff slipped and fell on a liquid left behind by the store’s floor scrubbing machine and there were no warning cones in place at the time.  Plaintiff incurred $300,000 in medicals for multiple surgeries (knee arthroscopy, cervical fusion, hardware removal from prior lumbar fusion) with another $140,000 needed for future medical expenses including revision surgeries testified to by her treating neurosurgeon. Plaintiff asked the jury for over $800,000 in total.  The jury awarded $18,000 representing the cost of initial treatment only and no award for pain and suffering damages. Defendant prevailed on its proposal for settlement and  Plaintiff’s Motion for New Trial was denied.  Read More

On May 1, 2017, Tampa Partner, Joseph Kopacz, obtained a Defense Verdict in the matter of Kimberly Ellison v. Dag 3, LLC in Pinellas County, Florida in front of Judge Pamela Campbell. Plaintiff alleged Dag 3 was negligent in the maintenance of the parking lot at the shopping center by allowing a piece of exposed rebar to protrude from the top of a wheel stop causing her to fall.  The plaintiff’s construction expert testified that the exposed rebar violated the ASTM standards and general maintenance guidelines. The defendant's construction expert testified that the subject parking lot complied with all building codes and industry standards. Testimony from the plaintiff's friend confirmed in fact he backed his pick-up truck (with a trailer hitch) into the parking space over the wheel stop in which plaintiff claimed to trip over. Defense argued plaintiff tripped over the trailer hitch attached to rear of the pick-up truck and not the exposed rebar on the wheel stop. The plaintiff broke both of her wrists from the fall and was rushed by ambulance to the hospital. Plaintiff was claiming medical expenses near $100,000 for the two surgeries performed to her left and right wrist. The case was tried on liability only. The jury deliberated for 5 minutes before rendering a defense verdict. Read More

Fort Myers Senior Partner Howard Holden was granted a Motion for Final Summary Judgment in a slip & fall matter styled Joseph Sendra v. Winn Dixie Stores, Inc., on January 4, 2017 in front of Judge Jay  Rosman in Lee County. Read More

Fort Lauderdale Senior Partner Zeb Goldstein prevailed on summary judgment in the trip and fall matter styled Maryann Carter v. Coconut Point Town Center LLC.   on December 12, 2016 in front of Circuit Judge Elizabeth Krier in Lee County.  On the date of loss, Plaintiff was visiting the Target store at Coconut Point Mall when she tripped and fell on a grocery cart corral curb, sustaining injuries to her neck, back and most significantly, her teeth. Read More

Edgardo Ferreyra obtained a dismissal with prejudice in the premises liability matter styled Philip Rotondo v. Defendant Retail Store.  The Plaintiff alleged he was pushing a flat bed cart in the flooring aisle when he cut his leg. Read More

Founding Partner Jack Luks and Associate Allison Janowitz received a $4,500 net verdict on a slip and fall matter styled  Michelle Santovito v. Defendant Store on October 21, 2016. Defense served a Proposal For Settlement and has filed a Motion for Entitlement of Attorneys’ Fees and Court Costs.  Plaintiff Santovito, was walking in Defendant Store when she stepped in a liquid substance, and slipped and fell several steps later. Read More

Jacksonville Associate Deana Dunham, Esq. prevailed on a Motion for Summary Judgment in a trip and fall matter styled Sowders v. Simon Property Group d/b/a Pier Park LLC. on September 26, 2016.  Plaintiff was shopping at the Mall and was walking in the parking lot when she tripped on a parking curb in front of her vehicle. Read More

Managing Partner Dan Santaniello and Fort Lauderdale Partner Allison Janowitz received a defense verdict on June 16, 2016 in the slip and fall matter styled De Jesus, Luciano v. Defendant Retail Store when jury found no negligence on behalf of the Defendant. Plaintiff alleges that he was walking through the lighting area of the store, when he slipped and fell, landing in the dark liquid on the floor.  Read More

Orlando Managing Partner Paul Jones and Partner Farrah Fugett-Mullen received a defense verdict in the slip and fall matter styled Demce Demce v. Defendant Retail Store on June 16, 2016 in Palm Beach County.  Plaintiff alleged he slipped and fell on water in the cart vestibule area as he was entering the store. Read More

Boca Raton Senior Partner Marc Greenberg received a Final Judgment in Palm Beach County in the slip and fall matter styled  Naomi Stephens v. Defendant Retail Store. Read More

Boca Raton Senior Partner Marc Greenberg was granted Defendant’s Motion for Summary Judgment in Palm Beach County in the premises liability matter styled Smith, Renelle v. Defendant Retail Store.  Plaintiff  claims to have slipped and NOT fallen due to water on the floor dripping from the ceiling. Read More

Tampa Junior Partner Joseph Kopacz obtained a Summary Final Judgment in the matter of April Sheffield and as guardian on behalf of Alexander Sheffield v. RRJTM Investments 1, LLC. and 1120 N. Washington, LLC. in Sarasota County, Florida in front of the Honorable Judge Brian Iten on April 4, 2016. Plaintiffs alleged a negligence cause of action against RRJTM (and the Co-Defendant 1120) regarding a dangerous concrete barrier separating two properties owned by the Defendants. Read More

Managing Partner Dan Santaniello and Miami Junior Partner Dexter Romanez received a favorable verdict in the personal injury matter styled Carlos J. Colman, Sr. v. Defendant Retail Store on March 28, 2016. Plaintiff was struck by an industrial shopping cart loaded with lumber as he exited Defendant Store, when the wheels of the cart got stuck on the threshold at the exit and the lumber fell forward, causing the cart to shoot directly into the plaintiff’s chest. Plaintiff immediately fell to the ground in pain unable to breathe and claimed he sustained injuries to his chest, left shoulder, cervical, thoracic, and lumbar spines. Plaintiff underwent an anterior cervical discectomy with a total disc arthroplasty at C5-6 with Dr. Thomas Roush. Plaintiff was eventually seen by Dr. Kingsley Chin for low back pain and eventually underwent a lumbar decompression with interspinous fixation and fusion at L5-S1 to resolve a disc herniation. Plaintiff claimed permanent limitations performing activities of daily living, including the ability to run or walk without a significant limp. Plaintiff’s counsel asked the jury for $1,520,000 which included $320,000 for past medical expenses, $200,000 in future medical expenses; and $1 million in past and future pain and suffering. The jury found the Plaintiff 50% comparative negligence. The verdict was 25% less than the Proposal for Settlement and Defendant is entitled to attorney’s fees and costs. Read More

Founding Partner Jack Luks and Senior Partner David Lipkin received a defense verdict in the premises liability matter styled Felipe Ernani vs. Mynt Holding Co., LLC. on March 9, 2016. Mynt lounge was the only remaining defendant, both the city and the police officers settled out of this case several years ago. The plaintiffs alleged that as the police officers were off duty and working for Mynt as specially assigned off duty police officers paid for by Mynt, that Mynt was responsible for their conduct. Read More

Appellate Junior  Partner Doreen Lasch prevailed on Appeal in a trip and fall matter styled Jeanette Garguilo v. A & N Management, Inc. and Sausalito Place HOA. Plaintiff appealed a Summary Final Judgment entered in favor of defendants homeowner association and property management company wherein plaintiff tripped and fell in a “tree hole” located in her front lawn adjacent to her driveway and sustained multiple injuries. Read More

Appellate Junior  Partner Doreen Lasch prevailed on Appeal in a personal injury matter styled Kevin Connor v. Villa D’Este and Campbell Property Management.  Plaintiff was injured when he fell from a ladder onto the driveway of his neighbor’s house while he was helping his neighbor clean the parapet over his garage door. Plaintiff sued the homeowner association and property management company alleging that the ladder slipped out from under him due to the slippery condition of the driveway which had been re-sealed by the defendants. Read More

Boca Raton Senior Partner Marc Greenberg received a Final Summary Judgment in a slip and fall matter styled Klein v. Defendant Store and John Doe. The lawsuit arose when eighty one year old Plaintiff, a patron in Defendant Store alleged he slip and fell on a liquid substance near the drinking fountain. Plaintiff alleged blood clots in the lung, hip fracture and facial lacerations and underwent two surgeries. Read More

Junior Partner Jorge Padilla in the Miami office was granted Final Summary Judgment  in a negligence action arising out of a slip-and-fall matter styled Ricardo U. Aquino v. The Gardens of Kendall Property Owners Association, Inc., Et Al. on November 2, 2015. Read More

Luks, Santaniello was granted a Motion for Final Summary Judgment in a slip and fall in an office building stairwell case styled Bernadine Jenkins vs. Preferred Building Services. The court found that there was no evidence the Defendant janitorial and maintenance company had any notice of an alleged dangerous condition on the stairwell where Plaintiff fell. Read More

Jack Luks, Founding Partner and  Zeb Goldstein, Senior Partner received a  defense  verdict in a  premises liability case styled  Cecere-Ferguson vs. The Town Center at Boca Raton Trust in Palm Beach County on March 31, 2015.  Plaintiff argued that while walking along the common area sidewalk, she tripped over a handicapped ramp that she was unable to see due to extremely poor lighting.  Defendant argued that Plaintiff may have fallen at a different location and that the lighting conditions where Plaintiff claimed she fell were adequate.  Plaintiff alleged that as a result of the accident, she suffered multiple disc herniations in her cervical spine at C6-7 and in her lumbar spine at L4-5 and S1.  Two experts testified confirming Plaintiff’s herniated discs. Read More

Anthony Merendino, Senior Partner in the Boca Raton office was granted a Motion for Final Summary Judgment and Judgment in favor of Defendant in a fall from overhead case styled Velez v. Defendant Retail Store in the United States District Court Southern District of Florida on March 11, 2015.  Plaintiff, a customer at Defendant Store alleged that he was attempting to retrieve a 4x4 piece of lumber off of a shelf when a metal safety rail fell on his head due to being defective, alleging negligence, including failure to warn, which resulted in serious bodily injury.  Read More

Tampa Managing Partner Anthony Petrillo and Associate Joseph Kopacz obtained a favorable jury verdict in a slip and fall matter styled Terry and Barbara Tallent v. Pilot Travel Centers on October 16, 2014.  Plaintiffs demanded $3.5 million at mediation and eventually filed Proposals for Settlement in the amount of $2.0 million 45 days prior to the start of the trial. The jury found Plaintiff 35% comparative negligence and returned a net verdict of $44,525. Read More

Tampa Associate Joseph Kopacz obtained a final summary judgment in a slip and fall matter styled Shane Newcome v. Pilot Travel Centers  before the Honorable Linda Babb on September 19, 2014. Plaintiff claimed he slipped on diesel fuel in one of the diesel fuel islands after there was evidence plaintiff actually placed sand over the diesel fuel spill causing fall. Read More

Tampa Associate Joseph Kopacz and Partner Anthony Petrillo obtained a Motion to Dismiss Plaintiff's Complaint with prejudice and entry of judgment against Plaintiff in a dog attack case styled Ralph Hayes v. Oldsmar Flea Market, on July 25, 2014. Defendant operated a flea market in Oldsmar, Florida. Plaintiff, Ralph Hayes, while walking through the parking lot of the flea market alleged to have been attacked by a large pit-bull. Read More

Tampa Associate Joseph Kopacz obtained a final summary judgment in a slip and fall matter styled Tracy  Shelton  v. Tragg Bar, Inc. d/b/a Georgie’s Alibi before the Honorable Walter L. Schafer on April 4, 2014.  Plaintiff claims on her way from the bathroom she slipped and fell on water in the bar area. Plaintiff alleged Defendant negligently maintained the floor in the bar area by allowing a wet and slippery hazardous condition to exist on its premises, and that Defendant knew or should have known of the existence of this slippery condition, which caused Plaintiff to slip and fall. Read More

Tampa Managing Partner Anthony J. Petrillo obtained a Final Summary Judgment in a slip and fall case styled Tallent, Terry and Barbara v. Pilot Travel Centers, LLC., in the Twentieth Judicial Circuit, before the Honorable Joseph Foster, on February 20, 2013.  Plaintiffs alleged Defendant Pilot negligently failed to warn, failed to inspect and failed to properly maintain its premises when it allowed a diesel fuel spill to remain on its premises for an unreasonable length of time.  Read More

Anthony Merendino, Junior Partner of the Boca Raton office of Luks, Santaniello, Petrillo & Jones obtained a Final Summary Judgment in a false arrest case styled Rose M. Cortez vs. Defendant Retail Store in the United States Southern District of Florida on January 31, 2013.  It was alleged that Defendant store wrongfully caused Plaintiff, a cashier at the subject Defendant store, to be arrested after  Defendant store conducted an investigation into allegations that Plaintiff was allowing customers to leave the store without paying for merchandise in exchange for cash tips.  Plaintiff brought a four (4) count Complaint for False Imprisonment, Abuse of Process, Intentional Infliction of Emotional Distress, and Negligence.  Read More

Managing Partner Daniel Santaniello and Douglas de Almeida, Esq., obtained a defense verdict in a ladder injury case styled Kevin Connor v. Villa D'Este Condominium, Inc. and Campbell Property Management and Real Estate, Inc.  The case was tried over six days before a jury in Broward County.  Plaintiff was a 57 year old man, who was on his ladder cleaning the top of his neighbor's wall when he claimed that the ladder slipped out from under him.  Plaintiff alleged that the driveway was dangerously slippery and sued the Homeowner's Association and Property Management Company for failing to remedy the allegedly dangerous condition. Read More

Daniel J. Santaniello, Managing Partner and Marc Greenberg, Junior Partner of the Palm Beach office of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in a premises liability dog bite case styled Dina Brown, et al. v. Pipers Cay Condominium Association, Inc., et al in Palm Beach County, April 2, 2012. The case involved a minor Plaintiff who was bit by a pit bull on the insured's property in November of 2007. The Association Prospectus prohibited pit bulls from being on the premises at anytime. Read More

Katherine Kmiec, Esq., and Doreen Lasch, Junior Partner of Luks, Santaniello, Petrillo & Jones obtained a Dismissal with Prejudice in the case styled Marin v. The Hertz Corporation in Orange County.  At the trial level, Plaintiff attempted to amend a premises liability cause of action to incorporate elements of Americans With Disabilities Act (ADA) discrimination as elements of the underlying negligence cause of action.  In his third amended complaint, Plaintiff alleged that because he was elderly, and had difficulties walking, Hertz discriminated against him under the ADA by failing to modify its policies and procedures to accommodate his disabilities, which resulted in bodily injury, pain and suffering to Plaintiff.  Read More

Paul Jones, Partner and Thomas Farrell, Junior Partner of the Orlando office of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in a premises liability case styled Edward Elliott and Penelope Elliott v. Simon Property Group and Control Building Services, Inc. in Orange County, December 2, 2011. The case involved a slip and fall in a mall common area where the Plaintiff fell and injured his right knee in a puddle of water that was on the floor for approximately 15-20 minutes. Read More

Slip and Fall, Broward County, Daniel Santaniello and Thomas Gibbons, Summary Judgment, 1/6/2011. Read More

Slip and Fall, Lee County, Jack Luks and David Lipkin, Defense Verdict, 12/7/2010. Read More

Trip and Fall, U.S. District Court, Southern District of Florida, Summary Judgment, Jack Luks and David Lipkin, 12/6/2010. Read More

Jack Luks, Partner and Carl Christy, Associate received a defense verdict September 18, 2007 on a Slip & Fall incident. Plaintiff while visiting Defendant's movie theater on August 1, 2003, proceeded to the restroom and alleged that she slipped and fell while descending a ramp within the auditorium.  The Plaintiff further contended that there was a greasy, slippery substance on the floor in the seating area that transferred to the soles of her shoes.  Additionally, she  contended that the lighting was inadequate and the subject ramp violated the Florida Building Code.  Plaintiff had herniated disc at L4-5 and L5-S1 resulting in a double fusion, right knee surgery and right shoulder dislocation.  Plaintiff incurred $63K in medical expenses and claimed $370K in lost pension benefits, earnings and earning capacity. Plaintiff asked the jury for $633K ($433K for medicals and lost wages/loss of earning capacity). Read More

Daniel J. Santaniello, Managing Partner and William J. Peterfriend, Associate received a win for a slip and fall incident April 27, 2007.  Plaintiff alleged Defendants failed to properly maintain and inspect the stairs outside Plaintiff’s condominium unit, thereby allowing leaves and sap to accumulate.  Plaintiff claimed to have fallen as a result of slipping on wet leaves and sap after a rainfall the night before the morning of the incident. Plaintiff alleged that as a result of the subject accident, she fractured her left elbow. Defendant maintained that maintenance procedures were adequate and Plaintiff failed to provide any proof of leaves ever existing or accumulating on the steps, in the form of either testimony or photographs.  Plaintiff demanded $100K immediately prior to trial The Jury returned a verdict in favor of the Defendant finding that that there was no negligence on the part of either Defendant. Read More

Jack Luks, Partner and Zeb Goldstein, Associate, received an Order of Final Summary Judgment on January 5, 2006, in Circuit Court of Miami, Florida. Plaintiff's most recent demand for settlement was $900,000.00. Plaintiff alleged that while working as an off-duty police officer at Club Level in Miami Beach, Florida on the evening of January 1, 2001, he was involved in a fight which broke out inside the nightclub at 2:30 p.m., at which time he was assaulted by one of the club customers, sustaining extensive injuries, initially that of a fracture of the vomer, compound fracture of the nose and abrasions to the skull. Plaintiff further claimed that he would require future corrective surgery due to the deviated septum. He complained of frequent nose bleeds, frequent headaches, neck pain, loss of memory and depression. Plaintiff had alleged future surgery and future care was needed to correct his medical and psychological problems, at an approximate cost of $10,000.00 per year. The Plaintiff was only 29 years old at the time of the incident. Read More