Miami Partner, Jason Villares, obtained final summary judgment in Monroe County in favor of a restaurant/commercial seafood distributor. The Plaintiff alleged that when he arrived at the premises, he decided to park his motorcycle on a concrete slab in front of the loading dock, as opposed to the adjacent gravel parking lot, in order to ensure good footing while parking the bike. While attempting to park the motorcycle, Plaintiff’s foot slipped on gravel causing the motorcycle to fall on top of him and pin him to the ground. The heat from the motorcycle’s exhaust pipe severely burned Plaintiff’s inner leg. Plaintiff was hospitalized for over one week and underwent extensive emergency medical treatment including a skin graft with medical bills exceeding $325,000.
The Plaintiff filed suit and claimed that the burn resulted in severe disfigurement and extensive nerve damage. Plaintiff argued that gravel frequently spread from the adjacent parking lot to the loading dock and Defendant failed to maintain the loading dock area in a reasonably safe condition free of gravel, and failed to warn of same.
After the Defendant filed its Motion for Summary Judgment, the Plaintiff filed an Errata Sheet attempting to make material changes to his deposition testimony concerning the extent of his knowledge as to the presence of the gravel and the hazards associated with it. The Plaintiff also argued that even if Plaintiff’s knowledge of the condition discharges the Defendant’s duty to warn, it does not discharge the Defendant’s duty to maintain the premises in a reasonably safe condition. The Court rejected the Plaintiff’s arguments and granted final summary judgment in favor of the Defendant.
Jason Villares
jason.villares@csklegal.com
(786) 268-6465
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