
Verdicts by Attorney: Ferreyra, Edgardo
Case:
Candice Zolnoski, Appellant, v. Defendant Retail Store and Marks Square Partners, Appellees.
Practice Area:
Attorney(s) :
Result:
Per Curiam Affirmance without Written Opinion of Summary Judgment
Summary:
Managing Appellate Partner Daniel Weinger and Senior Partner Gary Gorday obtained a per curiam affirmance without written opinion of a summary judgment in a slip and fall on a transient foreign substance case. In granting summary judgment, the trial court rejected the plaintiff’s attempt to rely on statements from a person the plaintiff claimed was a store employee to establish actual or constructive knowledge of the condition. In affirming summary judgment, the appellate court agreed with the trial court that not only was it unclear that the person who made the statement was an employee, but that the statement itself was speculative.
Case:
Lisa Dees v. Gulf Winds Federal Credit Union
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:
Pensacola Partner Gary Gorday, Esq., and Attorney Alec Masson Esq., prevailed in Final Summary Judgment in a slip and fall matter styled Lisa Dees v. Gulf Winds Federal Credit Union. The motion was prepared by Alec Masson and Dale Paleschic and argued by Thomas “Gary” Gorday. This matter involved a slip and fall in the interior entrance way of a credit union. It had recently been raining outside and Plaintiff conceded that she walked through the wet parking lot and side walk on her way into the credit union. The Defendant argued that it owed no duty to warn the Plaintiff of the natural accumulation of water in the entrance way as Plaintiff’s knowledge of the condition was equal and/or superior to that of the Defendant. In the alternative, Defendant argued that if it owed a duty to warn under the facts, it satisfied its duty by placing a wet caution cone in the entryway. With respect to the duty to maintain, the Defendant argued that the normal accumulation of rain water in an entry way was not an unreasonable hazard and therefore imposed no duty to maintain. Alternatively, Defendant argued that the condition was so “open and obvious” that the duty to maintain, if any, was discharged. The Court granted Defendant’s Motion for Final Summary Judgment as to all arguments. Read more.
Case:
Practice Area:
Attorney(s):
Result:
Motion for Summary Judgment
Summary:
On October 18, 2019, Pensacola Managing Partner Gary Gorday, Esq. presented oral argument on Defendant’s Motion for Summary Judgment in Dwyer v Gulf Coast, a case involving a fall by a disabled person outside of an office building. The Motion for Summary Judgment was authored by Appellate Partner, Daniel Weinger, Esq. The Plaintiff exited a vehicle, which was parked in a handicap space, from the passenger side. The driver of the vehicle did not observe the actual fall and there were no eye witnesses as the Plaintiff is a disabled person suffering from dementia and did not even recall the accident. Read more
