Tampa Associate Samantha (Sibley) Tomlin recently argued and prevailed on two Motions to Dismiss in a single week.
In Sam’s first case, Plaintiff sued our client, a landowner, for personal injuries sustained when a cow wandered into the road, and Plaintiff hit the cow with her vehicle. Plaintiff alleged that because our client took down a fence on his property, he was responsible for the wandering cow, even though he did not own it. Sam argued that a landowner without any interest in the cow has no duty to erect or maintain a fence on his property, and was not responsible for ensuring the cow remained there. The Court agreed and dismissed the landowner.
In her second case, Plaintiff sued his HOA for failing to unclog pipes pursuant to their responsibility to do so in the HOA covenants. Plaintiff neglected to attach or meaningfully incorporate the HOA covenants into the Complaint, which Sam argued amounted to a failure to state a cause of action. The Court agreed and dismissed the claim.
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