Verdicts by Attorney: Greenberg, Marc M.

Judge Oftendal held that the preserved store video was dispositive evidence supporting the Defendant’s contention that it was not on actual or constructive notice of the liquid on the floor prior to Plaintiff’s fall. Using a videography expert, the Defendant was able to prove that the source of the spill came from another customer 1 minute and 10 seconds prior to Plaintiff’s fall, thereby negating any constructive notice on Defendant under (1)(a) of the statute. As for (1)(b) of the statute, Plaintiff did not present any genuine issue of material fact showing that spills occurred with regularity, and were therefore foreseeable.  Read More

Senior Partner Marc M. Greenberg, Boca Raton Office, prevailed on a Final Summary Judgment on a negligent security cause of action. This matter arose out of a shoplifter (hereinafter referred to as “Perpetrator”) concealing and stealing two pieces of merchandise from inside of the store. While that criminal activity was occurring, the Defendant’s Loss Prevention Employee was watching the video cameras. He noticed that the perpetrator was large in stature and decided to call law enforcement instead of approaching the perpetrator inside the store. The Loss Prevention Employee stayed on his cellular telephone with the Sheriff’s Deputy so that he could guide the officer of the perpetrator’s location upon law enforcement’s arrival into the parking lot. The Loss Prevention Employee remained the eyes and ears for law enforcement during that five minute time period.

Once the perpetrator got near his vehicle to leave the premise, he was stopped by the Sheriff’s Deputy in the vast parking lot and asked to produce identification. Within seconds the perpetrator began walking in the opposite direction, grabbed his firearm from his waistband and began firing at the deputy less than 10 feet away. Within seconds a second deputy arrived and returned gunfire. No one got shot and the perpetrator ran through the parking lot heading east bound. The front parking lot consisted of 16 rows. After running through seven rows eastbound, the perpetrator grabbed a vehicle driver’s side door handle which was locked. After unsuccessfully attempting to carjack a vehicle occupied by a man and women, the perpetrator fired one shot through the driver’s side window. Unfortunately, the bullet went through the driver’s right arm and exited his right arm and then stuck the passenger’s left shoulder/chest area, where fragments remain today. These Co-Plaintiffs continued driving to the main road and flagged down law enforcement. A total of 90 seconds elapsed from the time law enforcement approached the perpetrator until the shooting of the Plaintiffs. Read more

Boca Raton Senior Partner Marc Greenberg, Esq., successfully secured Final Summary Judgment in a slip and fall matter styled John Doe v. Retail Store. On March 21, 2017, Plaintiff went to the client’s Boynton Beach store to shop. He first went to use the restrooms in the front of the store, and as he exited, Plaintiff slipped and fell on liquid. Plaintiff underwent two shoulder surgeries post fall, and all of his doctors related the surgeries to acute injuries from the subject fall. Plaintiff’s past medical bill were more than $120,000, and Plaintiff’s lowest demand to settle was $150,000.

On September 15, 2021, Palm Beach County Circuit Court Judge Richard Oftedal granted the Defendant’s Motion for Final Summary Judgment on the issue of Notice. Plaintiff engaged in discovery over the course of 13 months and was unable to create any genuine issue of material fact that the Defendant had any actual or constructive notice of the liquid where Plaintiff fell. Plaintiff was unable to establish the source and origin of the foreign transitory substance or how long the substance existed on the ground prior to Plaintiff’s fall.

Defendant’s Motion for Attorney Fees and for Taxation of Costs is presently pending before the Court, in which the Defendant is seeking more than $30,000 in that regard in furtherance of an expired Proposal for Settlement. Read More.

Senior Partner Marc Greenberg, Esq., and Appellate Partner Daniel Weinger, Esq., obtained Summary Judgment in the Trip and Fall matter styled Jane Doe v. Retail Store (Palm Beach County). Plaintiff arrived on Defendant’s premises for the purpose of shopping. She exited her vehicle with a garbage bag and intended to throw the garbage into a garbage can situated in the parking lot. Instead of staying in the parking lot to throw her garbage away, Plaintiff took a quicker route through landscaping. While doing so, Plaintiff tripped and fell into a large hole. The fall resulted in multiple surgeries and medical bills in excess of $300,000. The Defendant moved for summary judgment on the grounds that a landowner owes no duty of care to maintain or to warn an invitee of the presence of landscaping features, including holes within landscaping. Plaintiff’s reduced demand prior to the hearing was $300,000. 

Palm Beach County Circuit Court Judge John Kastrenakes granted the Defendant’s Motion for Final Summary Judgment and held that “Florida Courts have held that Landscaping features, such as the case at bar, are generally found not to constitute a dangerous condition as a Matter of Law.” See also K.G. v. Winter Springs Cmty. Evangelical Church, 509 So.2d 384 (Fla. 5th DCA 1987); see also Dampier v. Morgan Tire & Auto, LLC, 82 So.3d 204 (Fla. 5th DCA 2012). In Dampier, the Court held that “… a raised landscape planting bed, and tree stump therein, did not constitute a dangerous condition that could give rise to liability or a duty to warn on the part of the premises owner when business invitee tripped and fell when cutting across planting bed on his way to parking lot from a public sidewalk.” Id. at 204. Defendant’s Motion to Tax Costs is pending. Read more

Appellate Partner Daniel Weinger, Esq., and Senior Partner Marc Greenberg, Esq., prevailed on appeal when the Lower Court Ruling dismissing the case with prejudice was affirmed by the 4th  District Court of Appeal in matter styled Jane  Doe v. National Retail Chain. Judge Cymonie Rowe’s dismissal on the first day of Trial was based on Plaintiff’s failure to appear at trial. Defense counsel persuaded the lower court that a dismissal with prejudice was warranted based on the decision in Scott v. Seabreeze Pools, Inc., 300 So.2d 279 (Fla. 4thDCA 1974). Read more

Marc Greenberg, Senior Partner obtained a notice of voluntary dismissal with prejudice in matter styled Jane Doe v. International Airport, et al.   Plaintiff was in Terminal 3 of a South Florida International Airport walking to her connecting flight to return home to Texas when a ground transportation operator negligently impacted Plaintiff with a flat-bed luggage cart. Plaintiff sustained a left wrist fracture resulting in surgery, a nose fracture, and various facial abrasions. Her past medical bills were $91,000 at the time of the filing of the lawsuit. Plaintiff’s pre-suit global demand was $450,000. Read more

In the matter styled McCown v. Defendant Retail Store, Plaintiff tripped and fell over an L-Cart that was left in an aisle by our employee. Plaintiff claimed injuries to her neck and back. Dr. Steven Dutcher of Boca Raton opined that Plaintiff was a candidate for a L4-5 decompressive hemilaminectomy with discectomy and intralaminar stabilization as well as an anterior cervical decompression with fusion at C3-4, 4-5, and 5-6. Read More

In the matter styled Reyes v. Defendant Retail Store, Plaintiff filed a lawsuit for conversion, property damages, pain and suffering, and breach of contract resulting from work performed by our client on Plaintiff’s automobile. Plaintiff was seeking more than $26,000 in damages. Read More

Boca Raton Senior Partner Marc Greenberg obtained a favorable result in the premises liability matter styled John Doe v. Retail Store. Plaintiff’s Complaint asserted that he slipped and fell on liquid on the Defendant’s premises, resulting in significant and permanent injuries to his dominant right hand. During the infancy of discovery Plaintiff stated that he had never injured his right hand before the subject incident. Read More

Boca Raton Senior Partner Marc Greenberg obtained a favorable result when Defendant’s Motion for Judgment on the Pleadings was Granted in  the property damage and conversion matter styled Holbrook v. Defendant Premises Owner. Plaintiff’s last demand was $200,000. Defendant served a Proposal For Settlement and has been granted entitlement to attorney fees and costs. Plaintiff’s appeal is pending, which has been denied twice by the United States Supreme Court. Read More

Boca Raton Senior Partner Marc Greenberg received a Final Judgment in Palm Beach County in the slip and fall matter styled  Naomi Stephens v. Defendant Retail Store. Read More

Boca Raton Senior Partner Marc Greenberg was granted Defendant’s Motion for Summary Judgment in Palm Beach County in the premises liability matter styled Smith, Renelle v. Defendant Retail Store.  Plaintiff  claims to have slipped and NOT fallen due to water on the floor dripping from the ceiling. Read More

Boca Raton Senior Partner Marc Greenberg received a Final Summary Judgment in a slip and fall matter styled Klein v. Defendant Store and John Doe. The lawsuit arose when eighty one year old Plaintiff, a patron in Defendant Store alleged he slip and fell on a liquid substance near the drinking fountain. Plaintiff alleged blood clots in the lung, hip fracture and facial lacerations and underwent two surgeries. Read More

Daniel J. Santaniello, Managing Partner and Marc Greenberg, Junior Partner of the Palm Beach office of Luks, Santaniello, Petrillo & Jones obtained a defense verdict in a premises liability dog bite case styled Dina Brown, et al. v. Pipers Cay Condominium Association, Inc., et al in Palm Beach County, April 2, 2012. The case involved a minor Plaintiff who was bit by a pit bull on the insured's property in November of 2007. The Association Prospectus prohibited pit bulls from being on the premises at anytime. Read More

Daniel Santaniello and Marc Greenberg obtained a defense verdict for a vehicular liability case on February 15, 2007 when the Jury found that the Defendant was not the legal cause of loss, injury or damage to the Plaintiff. The Plaintiff, a thirty (30) year old Accountant, filed suit alleging that on April 30, 2001 the Defendant, Miguel Hidalgo, rear ended her at a moderate rate of speed on Okeechobee Blvd. in West Palm Beach. The Defendant admitted liability, but alleged that the moderate-impact accident was not the legal cause of loss, injury or damage to the Plaintiff. The Plaintiff maintained that the injury to her neck was permanent, and left her unable to enjoy life, effecting her ability to engage in physical activities, and maintain relationships with co-workers, friends, and family. Read More