Miami Associate Thomas Hampton successfully argued and secured a Motion for Final Summary Judgment on behalf of our client, a gym owner, in a Premises Liability case.
The Plaintiff sustained a fractured arm while improperly using a piece of gym apparatus for unintended purposes. Although the Plaintiff opposed the motion, asserting a genuine issue of material fact based on his testimony that he could not read the English-language membership agreement, the court applied well-established Florida law and ruled that the contract’s exculpatory clause was clear, unequivocal, and enforceable. It reaffirmed that a Party’s inability to read a contract does not invalidate its binding effect when the language is unambiguous and the agreement is properly executed.
Additionally, the defendant had previously served a Proposal for Settlement to the Plaintiff, which was rejected. Under Florida law, this successful final judgment entitles our client to recover attorneys' fees and costs, further strengthening the favorable outcome secured by Mr. Hampton’s diligent advocacy.
Congratulations to Mr. Hampton for his outstanding preparation, persuasive argument, and unwavering commitment to achieving the best possible result for our client.
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