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Case:
Malcolm Fabre v. MOR PPM, Inc. 
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:

Jacksonville Managing Partner, Todd Springer, Esq., and Appellate Partner Daniel Weinger, Esq., obtained a favorable result when the court granted Defendant, MOR PPM’s Motion for Final Summary Judgment on November 24, 2020, in the matter styled Malcolm Fabre v. MOR PPM, Inc. in the Circuit Court of Putnam County. Plaintiff filed suit alleging that he slipped and fell on a liquid substance in the administrative building at the Seminole Electric Cooperative power plant. MOR PPM provided many services at the plant including housekeeping services pursuant to a contract. As a result of the accident Plaintiff suffered a C6-C7 fracture requiring surgery, concussion, broken temporal bone, back and neck pain with multiple injections, headaches, and vertigo/balance issues with multiple ongoing blackouts. Plaintiff’s medical expenses and past lost wages totaled approximately $750,000. At the hearing, Mr. Springer persuaded the court that Plaintiff failed to meet his burden of proof that the Defendant had either actual or constructive notice of any hazardous condition in the administration building pursuant to Florida Statute §768.0755. Further, the contract between the Seminole Electric Cooperative and MOR PPM did not create a duty for MOR PPM to continually monitor the floors of the administration building for spills or other foreign substances. Finally, Mr. Springer successfully argued that allegations of negligent maintenance, supervision, inspection and general mode of operation are irrelevant as such claims in transient foreign substance cases have been abolished.  Read more