February 6, 2026

FLORIDA  – QPWB Orlando Associate Patrick Berton, Partner Sarah Blazak, and Tampa Partner Maggie Colter, successfully secured a complete defense victory in a premises liability suit brought against an automotive dealership. The defense team effectively defended their client from a $750,000 demand and extensive claims for permanent injuries, resulting in a $0 final judgment.

Overview of the Case

The QPWB team was retained to defend a Florida dealership after a Plaintiff alleged she tripped and fell on an uneven outdoor paver walkway. The Plaintiff claimed the pavers constituted a dangerous condition and alleged the Defendant failed to warn of or maintain the walkway, resulting in significant neck and shoulder injuries and subsequent surgery. Despite an early $750,000 Proposal for Settlement from the Plaintiff, the defense maintained that the alleged defect was non-actionable under Florida law.

Key Difference-Makers

• Patrick Berton – Associate, Orlando
• Sarah Blazak – Partner, Orlando
• Maggie Colter – Partner, Tampa

Administrative Support

• Joanne Mistrulli – Paralegal

Claims Made Against Our Client

The Plaintiff’s action centered on a premises liability claim arising from a trip-and-fall incident at the Defendant’s dealership in DeLand, Florida. Specifically, the Plaintiff alleged she tripped over an uneven or raised paver along an outdoor walkway while exiting the building and walking toward the parking lot with a sales representative.

In her testimony, the Plaintiff claimed she was "distracted" by the sales representative walking side-by-side with her, asserting that her flip-flop sandal caught a raised portion of the paver. She further alleged the dealership negligently failed to warn of this condition or maintain the walkway, which she characterized as a "hidden danger."

The damages sought were substantial. The Plaintiff alleged the incident resulted in permanent injuries to her right shoulder and cervical spine, leading to a right shoulder arthroscopic surgery. Furthermore, she pursued damages for a claimed total loss of capacity to perform routine household and recreational activities, seeking to hold the dealership liable for her long-term medical care and lifestyle limitations.

Defense Strategy

The defense team focused on positioning the case for early resolution through summary judgment rather than allowing it to devolve into a traditional, fact-driven trial dispute. By narrowing the litigation to its dispositive legal issues, the team successfully avoided a sympathy-driven narrative. The defense centered on developing an undisputed factual record establishing that the minor elevation difference between the pavers was open, obvious, and commonplace. This was achieved through a targeted deposition of the Plaintiff, where our attorneys secured key admissions regarding her long-standing familiarity with the premises, the unchanged condition of the walkway over years of repeated visits, and the visibility of the alleged defect.

Simultaneously, the defense deconstructed the Plaintiff's damages claim by exposing a massive causation disconnect. While the Plaintiff pursued recovery for a right shoulder surgery, a comprehensive review of the medical history revealed extensive pre-existing orthopedic pathology and chronic degenerative disease. The team successfully isolated over $170,000 in surgical billing that related entirely to a pre-planned, unrelated knee replacement performed approximately one month after the subject incident.

By utilizing a Proposal for Settlement to formalize their valuation, the defense refused to pay for treatment that was not causally related to the incident. This disciplined approach reduced the case to a clear legal question of whether a duty existed, effectively stripping away the "factual noise" of the Plaintiff's medical history and "distraction" theories.

Impact on Final Outcome

The strategy proved decisive when the Court granted the Defendant’s Motion for Summary Judgment. By framing the case around the legal element of "duty" rather than factual disputes over "sympathy," the team demonstrated that minor elevation changes on common walking surfaces are non-actionable as a matter of law in Florida. The Court agreed that the Defendant breached neither the duty to warn nor the duty to maintain, entering a final judgment that resulted in a complete dismissal of all claims without payment.

Unique Aspects of the Case

The most unique aspect of the case was the Plaintiff’s attempt to manufacture a genuine issue of material fact by arguing she was "distracted" by a dealership employee. This was a strategic move to bypass well-established open-and-obvious laws. The Court rejected this theory, finding that because the condition was not inherently dangerous, the "distraction" did not create an actionable duty for the Defendant.

Predicting the Future

This result reinforces QPWB’s reputation as a firm that is both willing and able to defend cases through dispositive motion practice rather than defaulting to settlement pressure. It demonstrates to current and future clients that the firm will take a principled and disciplined approach to liability defenses, protecting against inflated or non-causal damages and seeing cases through to resolution when the law supports doing so.

Practically, this win strengthens QPWB’s position in future premises liability matters by signaling to opposing counsel that the firm will aggressively develop the factual record and pursue summary judgment where appropriate. This credibility discourages speculative claims and allows future clients to litigate from a position of strength, knowing the firm has the resolve to achieve outcome-driven results.

Key Actions in This Case

• Targeted Discovery: Secured admissions that the Plaintiff had traversed the walkway numerous times as a repeat customer without incident.
• Medical Record Separation: Identified and isolated over $170,000 in unrelated surgical billing that the Plaintiff attempted to include in the claim.
• Motion for Summary Judgment: Successfully applied controlling Florida authority to prove that minor, visible elevation changes are non-actionable as a matter of law.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 55 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.