On July 1, 2025, Orlando Managing Partner Anthony Merendino and Senior Appellate Partner Daniel Weinger obtained an order granting Defendant’s Motion for Final Summary Judgment in a premises liability case in Plaintiff v. Plaza Resort & Spa Association, Inc.. The Plaintiff filed suit against Defendant alleging that Defendant was vicariously liable for the actions of its employee(s) where Plaintiff alleged that the employee(s) violently attacked the Plaintiff causing serious bodily injuries.\

Plaintiff alleged that he entered the Defendant’s hotel premises in an effort to visit with his girlfriend who had been visiting friends staying at the hotel. While inside the hotel premises, the Plaintiff alleged that he was “violently attacked” in or near the lobby area by an employee of the Defendant. Plaintiff alleged that as a result of the attack, he was thrown to the ground. Consequently, Plaintiff alleged that he sustained injuries to his neck, back, head, and internal organs, resulting in neck and low back surgeries, and a surgery to repair a hernia. Plaintiff’s claimed past medical bills were approximately $200,000.00. Despite the allegation that Defendant’s employee attacked him, the Plaintiff never could identify the alleged assailant and testified that there were two (2) unidentified individuals near him at the time of the incident who he could not identify as employees of the Defendant. Though the Defendant vehemently denied that any of its employees ever attacked or assaulted the Plaintiff, we argued that (1) an employee’s (alleged) criminal assault and/or intentional tort cannot impose vicarious liability on the employer in light of no record evidence that such conduct was within the course and scope of employment, and (2) the Plaintiff’s remaining vicarious liability count could only be supported by an impermissible stacking of inferences. The summary judgment prevented a trial scheduled to begin shortly thereafter.

Earlier in the case, we were successful in obtaining partial summary judgment on prior causes of action asserted by the Plaintiff for negligent hiring and negligent retention, as well as on Plaintiff’s wage loss claims.