Verdicts by Attorney: Janowitz, Allison Ilene
Plaintiff asserted that the Defendant – our client – Mall negligently maintained its parking lot area and, as a result, was the direct cause of the incident. In arguments, Plaintiff attempted to establish liability based on failure to have additional crosswalks, stops signs and other safety traffic control devices in its parking lot. Nonetheless, in depositions, it was established that the Co-Defendant driver, was at a complete stop prior to making the left turn and was also familiar with the parking lot layout as he had been visiting the Mall since 1987. This key testimony aided in dismantling Plaintiff’s theory that the Mall was negligent in its design of its parking lot, which was the cause of the accident and injuries alleged. The Mall argued that the inclusion of most of the traffic control devices recommended by the Plaintiff’s liability experts would not have altered the outcome of the accident.
Further, Defense expert, Roland Lamb, testified that based on his expertise and experience, the parking lot design was reasonable. Despite naming the driver as a Co-Defendant, Plaintiff's counsel continued to argue that the driver should not bear any responsibility for the accident and solely focused Plaintiff's case on the Mall as the responsible party. Trial partners Jack D. Luks, and Allison I. Janowitz highlighted this fact coupled with their position that the Mall was not negligent in its parking lot design and/or it was not a legal cause of the accident.
Following closing arguments, the jury deliberated for two hours and returned a complete Defense verdict establishing that Defendant Mall and Co-Defendant driver were not the legal cause of loss or damage.
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.
On December 10, 2020, Founding Partner Jack Luks, Esq., and Junior Partner Allison Janowitz, Esq., prevailed on a Motion to Strike Plaintiff’s Pleadings based on Fraud on the Court in Gandy, Anthony v. Florida Mall. This case arose out of a trip and fall in the parking lot of Florida Mall on December 23, 2017. Plaintiff asserted that Florida Mall failed to maintain the parking lot in a reasonably safe condition, resulting in Plaintiff’s injuries to his right shoulder, right knee, and lumbar spine. Plaintiff claimed medical damages of about $100,000 as a result of the fall. Throughout the investigation of the claim, the Defense found multiple surgeries on Plaintiff’s right knee that were not disclosed during deposition or discovery. Further, Plaintiff failed to disclose two subsequent incidents where he was admitted to the hospital complaining of pain in his right shoulder.
The Court found that the Plaintiff’s misrepresentations regarding the extent of his injuries, the limitations that had previously been attributed to other injuries, as well as failing to disclose the surgeries and post-accident falls, were intentional and that the misrepresentations were a scheme to mislead the Court. Accordingly, the Court granted the Motion for Dismissal based upon Fraud on the Court. Read more
On August 29, 2018, Fort Lauderdale, Senior Associate Allison Janowitz, Esq. prevailed on a Motion for Summary Judgment in a trip and fall matter styled Lisa Ruggiero v. Simon Property Group, Inc. This matter involved an alleged trip and fall at Boca Town Center, where Plaintiff alleged that as a result of tripping over roots she sustained an evulsion fracture requiring an open reduction ankle surgery. The Motion for Summary Judgment was based on the fact that Plaintiff cut through bushes in front of the Mall, and tripped over a tree root which was found among the bushes. Read More.
Fort Lauderdale Senior Associate Allison Janowitz, Esq. prevailed on a Motion for Summary Judgment and Motion for Sanctions for Fraud on the Court in a trip and fall matter styled Liliana Yanez v. Defendant Mall. This matter involved an alleged Trip and Fall at Boynton Beach Mall. Plaintiff alleged that she sustained extensive dental damage as a result of the fall. The Motion for Summary Judgment was based on the fact that the wrong entity was named in the Complaint. Read More
Founding Partner Jack Luks and Associate Allison Janowitz received a $4,500 net verdict on a slip and fall matter styled Michelle Santovito v. Defendant Store on October 21, 2016. Defense served a Proposal For Settlement and has filed a Motion for Entitlement of Attorneys’ Fees and Court Costs. Plaintiff Santovito, was walking in Defendant Store when she stepped in a liquid substance, and slipped and fell several steps later. Read More
Managing Partner Dan Santaniello and Fort Lauderdale Partner Allison Janowitz received a defense verdict on June 16, 2016 in the slip and fall matter styled De Jesus, Luciano v. Defendant Retail Store when jury found no negligence on behalf of the Defendant. Plaintiff alleges that he was walking through the lighting area of the store, when he slipped and fell, landing in the dark liquid on the floor. Read More