Verdicts by Attorney: O'Connell, Erin
On January 6, 2025, Senior Partner Erin O’Connell obtained a Final Summary Judgment in a General Liability matter styled Le Luxe Beauty Bar d/b/a Bellezza Beauty Bar v. Enlighten Electric. The case involves claims of negligence, negligent hiring, and negligent retention against our insured, Enlighten Electric. Plaintiff, a nail salon, claimed that an employee of the Defendant burglarized the salon resulting in damages, including loss of earning capacity and income. The salon was new and not yet opened, and was under construction by various contractors, including Defendant, with intent to open shortly before the burglary occurred. The salon shared a d/b/a with an existing salon at a different location, owned by the sister of the owner of the new salon. Plaintiff brought suit under the legal entity and d/b/a of the existing salon, and not the new salon, as it was not yet open and there was a question of ownership and damages.
Defendant argued that Plaintiff, a d/b/a salon, filed suit under the incorrect legal entity name. The case involved complications including ownership of various entities, transfer of ownership, and which entity incurred damages. Plaintiff argued that the two salons were tied together inextricably, and that the existing salon was the proper Plaintiff as the new salon was unable to open due to the burglary.
The Court heard oral argument in July of 2024 and the Court spent six months weighing the arguments and all evidence provided by the parties. The Court agreed that the party that brought the suit was the incorrect party. The Court also found that the Defendant is entitled to its fees and costs for the life of litigation. Of note, the date of loss was October 20, 2019, and the statute of limitations has now run, so the correct Plaintiff cannot now come forward with suit of their own.
Managing Partner William Peterfriend, Esq., and Junior Partner Erin O’Connell, Esq., obtained a favorable result in a general liability negligence matter. Plaintiff filed suit against multiple defendants as a result of alleged injuries she sustained in a trip and fall on her own property. She specifically claimed she tripped on a piece of missing or broken sidewalk in her yard, causing her to fall. Defendant G&H Concrete and Sod, Inc. had previously performed work on sidewalks in Plaintiff’s neighborhood. In her deposition, Plaintiff testified that she was tired of seeing debris in her yard and elected to go out and rake it up. While admittedly walking backward and not looking where she was going, she tripped and fell over something. She testified she did not know what she tripped on. Plaintiff further testified that she merely assumed the debris in her yard was from Defendant G&H. Her testimony reflected that the debris was present in her yard prior to when she moved on to the property, and she was aware of it.
Defendant filed its Motion for Summary Judgment, arguing that the alleged dangerous condition caused by the debris in Plaintiff’s yard was open and obvious. Plaintiff was admittedly aware of the debris, admitted she went to rake up said debris, and admitted she was not looking where she was walking as she moved backwards, therefore she was not sure what it was she tripped over. Further, Defendant argued that they owed no duty to the Plaintiff as they were never in possession or control of the premises where the fall occurred, nor had they been in the vicinity of the property for over two months prior to the date of loss. The Court, and Honorable Judge Nicholas Lopane agreed with Defendant, and entered an Order for Final Summary Judgment in favor of the Defendant. Plaintiff initially demanded $250,000.00.
Fort Lauderdale Managing Partner William Peterfriend, Esq., Junior Partner Erin O’Connell, Esq., and Appellate Partner Daniel Weinger, Esq., obtained a Dismissal with Prejudice pending a hearing on motion to strike pleadings for fraud on the court. In the matter styled Romeo Hebert v. Robert Boutin and Walks and Decks, Inc., Plaintiff, Romeo Hebert, claimed damages stemming from an accident in which he flipped over the handlebars of his bicycle in his neighborhood, resulting in injuries to his right hip and right leg. Plaintiff claimed that he was riding his bicycle in his neighborhood and suddenly came upon a forklift owned and operated by Walks and Decks, Inc., causing him to swerve out of the way and crash his bike. Co-Defendant was a neighbor of Plaintiff who was driving around the forklift at the time that Plaintiff crashed his bicycle. Read more
Fort Lauderdale Managing Partner William Peterfriend, Esq., Senior Associate Erin O’Connell, Esq., and Appellate Partner Daniel Weinger, Esq. obtained a favorable result when the court granted Defendant’s Motion to Strike Pleadings for Fraud on the Court. In the matter styled Sultan v. Verdes Tropicana, Inc., Plaintiff, Diane Sultan, was claiming injuries and damages stemming from a slip and fall in a bowling alley due to an alleged malfunction of a Keigel Ion lane machine, which Plaintiff claimed dropped oil when being moved from one lane to the next. Plaintiff claimed that oil dripped and was the cause of her fall while bowling in a league at the Defendant, Verdes Tropicana, Inc.’s bowling alley. Read more
Boca Raton Partner William Peterfriend, Esq. and Associate Erin O’Connell, Esq. prevailed in Final Judgment in a PIP matter styled East Coast Medical Rehab, Inc. a/a/o Reyna Terrero v. State Farm Mutual Automobile Insurance Company. Read More