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Case:
Plaintiff v. Community Asphalt Corporation
Practice Area:
Auto & Fleet Liability
Attorney(s):
Sparkman, James T; Weinger, Daniel S.
Plaintiff Counsel:
J. Curtis Boyd, P.A. (J. Curtis Boyd, Esq.)
Result:
Summary Judgment
Summary:
Senior Appellate Partner Daniel Weinger, Esq., and Senior Partner James Sparkman, Esq., obtained a Final Summary Judgment on September 22, 2022 in St. Lucie County in a personal injury action involving Plaintiff’s loss of control of her vehicle in a construction area maintained by the Defendant. Senior Judge Laurie E. Buchanan granted the Defendant’s Motion based on Fla Stat. § 337.195 which provides:
 

(2) A contractor who constructs, maintains, or repairs a highway, road, street, bridge, or other transportation facility for the Department of Transportation is not liable to a claimant for personal injury, property damage, or death arising from the performance of the construction, maintenance, or repair if, at the time of the personal injury, property damage, or death, the contractor was in compliance with contract documents material to the condition that was the proximate cause of the personal injury, property damage, or death.

Plaintiff suffered spinal injuries diagnosed by MRI, and also allegedly suffered PTSD. The Plaintiff’s dog was in the car and was also uninjured. Plaintiff is a 52 year old lawyer for Homeland Security. Defendant has moved for attorney fees and costs based on the Defendant’s Proposal for Settlement in the amount of $2,500. Similarly, Defendant has filed a motion for prevailing party costs under Florida Statute 57.041.