Verdicts by Attorney: Benson, Jeffrey
Tampa Senior Partner Jeffrey Benson, Esq., obtained summary judgment in Citrus County in matter styled Garcia v. Pittman. Plaintiff claimed he was crushed by a falling tree branch on Defendant’s property and that defendant destroyed the evidence of the tort afterwards by cleaning up her yard.
After extensive discovery and briefing, the court denied Plaintiff’s spoliation claim going through a three prong analysis. First, Plaintiff had not proven that actual evidence of a tort ever existed, or, if it did exist that the specific tree branch that hit Plaintiff could have ever been identified. Second, the court ruled Defendant did not have a duty to preserve the tree debris. The court adopted our argument that Citrus County code required Defendant to clean up her yard. Third, the court found no viable theory of liability against Defendant. Plaintiff did NOT show that cleaning up the accident site deprived him of the ability to prove his case (because he never had a case). It was also noted that there is no indication Defendant acted in bad faith, as she called her insurer to investigate the scene before she hired a professional tree company to remove the branches.
The court found “there is not even a mere scintilla of evidence to suggest [Defendant] failed to maintain the trees…” and that “absent sanctions for spoliation, Plaintiff cannot meet his burden to establish the accident occurred due to [Defendant’s] failure to use reasonable care in maintaining her property.” Further, Defendant had no duty to warn because the dangerous condition was known to Plaintiff and was open and obvious to him. The trial court’s ruling was affirmed by the Fifth District Court of Appeal. Read More.
Tampa Senior Partner Jeffrey Benson, Esq., was granted summary judgment in trip and fall matter styled Ruiz v. JMJ Doral Oaks Et Al. Pro Se Plaintiff sued claiming she sustained a traumatic brain injury after tripping and falling down Defendant’s allegedly dark stairs. After extensive discovery, the court granted summary judgement holding that any allegations of a dangerous condition on the stairs was open and obvious. Read More.
$1.7 M Sought | Morgan and Morgan | Jury Returned a complete Defense Verdict | Slip and Fall | Orange County.
On January 19, 2024, Managing Partner Tony Petrillo and Senior Partner Jeff Benson obtained a complete defense verdict in a premises liability matter styled Plaintiff 52 Year Old Landscaper v. Defendant Retail Store in Orange County, Florida. The Plaintiff claimed he slipped and fell as he was walking out of the Defendant's store due to accumulated water from an employee’s unauthorized use of a watering hose. The Plaintiff subsequently had a two-level anterior cervical discectomy and fusion at C3-4 and C4-5. His orthopedic surgeon testified he would need another neck surgery due to adjacent level disc disease that would cost $75,000.00 and a separate low back surgery in the future that would cost $100,000.00. Plaintiff started trial claiming over $400,000.00 in past medical bills but ended trial conceding to $165,000.00 in past medical bills due to the defense proving that was the true reasonable and necessary value. The Defendant avoided any spoliation jury instruction because Plaintiff failed to prove that a duty to preserve surveillance video existed, even though a generic preservation letter was sent 18 days after the alleged incident. During closing arguments Plaintiff demanded $1.7 million. The jury returned a verdict finding no negligence. Read More.
On August 22, 2019, Tampa Partner, Jeffrey Benson, Esq. obtained a favorable verdict in a four day jury trial styled Bass v. Lorence. In the case, the Defendant side-swiped the Plaintiff and then fled the scene of the accident. After undergoing surgery, the Plaintiff planned to present nearly $100,000 in medical bills to the jury. Defense counsel limited Plaintiff’s medical bills to what was actually paid by Medicaid, instead of what was originally billed to Medicaid. This reduced the medical bills to $35,000. During the case, the Defense showed that approximately $21,000 (of the $35,000) was for “pain management” in the form of Oxycodone. Read more