Summary Judgment

James Waczewski (Tallahassee) and Thomas Farrell (Orlando) were granted a Motion for Summary Judgment September 7, 2007 when the judge found that Disney, as a landlord, was not vicariously liable for the alleged negligence of its tenant, Palmas Inc. Walt Disney World is the owner of the property and the landlord to the restaurant operated by Palmas Inc.  An entire family of four sued Walt Disney World alleging that the whole family was made sick from contaminated food at a restaurant on Disney property.  The Plaintiffs claim that the illness further caused a family member's prior gastric surgery to be torn resulting in permanent complications with digestion. The Plaintiffs demanded more than $1M.  James P. Waczewski, Tallahassee Managing Attorney prepared a motion for summary judgment on behalf of Walt Disney World arguing that Disney's involvement is too attenuated to hold the company legally responsible for the Plaintiff's injuries.  Thomas Walker Farrell, Associate argued the motion and convinced the judge that the terms of the lease agreement included an indemnity clause which evidenced Disney's relationship with the restaurant as merely a landlord and not an entity taking responsibility for the day to day operations of the restaurant. Read More