Cheryl Elmore and James Elmore v. Defendant Store

Shettle, Jessalea M.; Bringardner, John M.; Weinger, Daniel S.

Morgan & Morgan - Ryan Gilbert, Esq., and Brian Lee, Esq.

Summary Judgment

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