Orlando Partner Christine Wasula and Orlando Associate Kristopher Wohlers recently obtained a final summary judgment in favor of their client in a premises liability case involving a trip and fall over a tree branch at a condominium complex.
Plaintiff argued Defendant was responsible for the incident because it occurred in a grassy common area that was adjacent to Defendant’s property. Defendant successfully argued it had no duty to Plaintiff because it did not own or maintain the common area where the incident occurred, even if the area was used by residents from all four phases of the condominium. Defendant further argued the tree branch was not inherently dangerous and was open and obvious to the Plaintiff. The court agreed and granted final summary judgment in favor of CSK’s client.
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