Case:
Robert Fugate v. Defendant Retail Store
Practice Area:
Attorney(s):
Result:
Summary Judgment
Summary:
Key West Managing Partner Jessalea M. Shettle, Esq., and Appellate Partner Daniel Weinger, Esq., obtained Summary Judgment in a premise liability case entitled Robert Fugate v. Defendant Retail Store in Duval County, Florida. Plaintiff filed suit alleging that the Defendant breached its duty to the Plaintiff by failing to properly maintain the automatic doors at the entrance of the store, and failing to warn the Plaintiff of the resulting dangerous condition. As a result of the incident, the Plaintiff was claiming a lumbar surgery, shoulder/arm injury, and foot injury. At the hearing, Ms. Shettle convinced the Court, using the CCTV footage, and memorandum of relevant case law written by Dan Weinger, that the subject door was in proper working order, was open and obvious, was not an inherently dangerous condition, and that the Plaintiff assumed the risk of utilizing same. The Court ruled, as a matter of law, that the Defendant was not liable for any injuries allegedly suffered by Plaintiff. A proposal for settlement was filed in this case, which has allowed the client the opportunity to recover some of the defense costs in this matter. Read more.
