Fort Lauderdale Senior Partner Allison Janowitz, Esq., and Appellate Partner Daniel Weinger, Esq., obtained a summary judgment in a premises liability matter styled Escriche, Vilma v. SDG Dadeland Associates, Inc. and Tip Top Enterprises, Inc. Plaintiff arrived atDadeland Mall for the purposes of going to work. She parked next to a median and stepped out of her car. Instead of walking around the median, the Plaintiff crossed the median, tripping on a rope used to hold up the tree. The fall resulted in a right olecranon fracture and a radial head fracture, as well as severe ulnar neuropathy of the right elbow. She underwent two surgeries as a result of the fall, including surgery on her ulnar nerve. The total medical bills were an estimated $151,000 future medicals of approximately $250,000, and a lost wage claim of $900,000.

Broward County Circuit Court Judge granted the Defendant’s Motion for Summary Judgment on the grounds that the condition was open and obvious and landscaping features, such as this case, are found not to be dangerous conditions. Read More.