Fort Lauderdale Senior Partner Allison Janowitz obtained a Motion for Summary Judgment against the Plaintiff in Plaintiff C v. Retail Store and Defendant Mall. Plaintiff alleged that while she was shopping within Retail Store, she was struck by stock cart being pushed by a Retail Store employee who was pushing a stocking cart. Plaintiff tried to argued that Defendant Mall exercised custody and control over the area where Plaintiff was struck, despite the incident occurring within the Retail Store. The Court disagreed with Plaintiff, and under the lease agreement with Retail Store, granted the Motion for Summary Judgment on behalf of Defendant Mall.

On the same case, Senior Partner Allison Janowitz obtained a Partial Summary Judgment against Co-Defendant and Cross-Claim Defendant Retail Store under the lease agreement. The lease agreement between the two entities provides that Retail Store is to provide indemnity and defense to the Mall for incidents that occurred within their space. The Court agreed, granting the Motion for Partial Summary Judgment and ruling that the store had an obligation to indemnify and defend the Mall. This resulted in repayment of all fees and costs accrued by the Mall for the entirety of the case.