Fort Lauderdale East Partner Jose Campos and Associate Chelsea Pietrzak took over an Orlando file last year and immediately filed a summary judgment in which we argued the HOA and president did not have a duty to maintain the hot water heater contained in a unit. Unfortunately, a 2 year old child was scalded when placed into boiling water. Furthermore, plaintiff alleged that the HOA and their president came to the unit and adjusted the hot water heater just prior to subject incident. By relying upon the HOA documents as we as the case law not allowing stacking of inferences, the Court agreed with our position.
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