Fort Lauderdale East Associate Mikaela Guido recently obtained final summary judgment in a hotly contested premises liability matter. The Plaintiff was shopping at the client’s strip mall. The Plaintiff walked from his parked car towards one of the property storefronts. Instead of using one of two designated paved walkways, the Plaintiff walked through a landscaped median lining the entrance of the store. He slipped in mud and fell into nearby hedges. The Plaintiff suffered a deep puncture wound to his leg requiring surgery.
Mikaela took the Plaintiff’s deposition and forced him to concede all the relevant points during his examination. She drafted the motion for final summary judgment on both ‘duty to warn’ and ‘duty to maintain’. The Court was initially hesitant to grant the motion based on the Plaintiff’s assertion the walkway in question was “well worn”. Mikaela skillfully rebutted the Plaintiff’s argument and convinced the judge that our clients should prevail as a matter of law. Mikaela will now pursue reimbursement of her client’s attorney fees via a Proposal for Settlement.
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