MIAMI – QPWB Miami Partner David Perez and Associate Dalton Clouser, alongside Tampa Partners Thomas Valdez and Maggie Colter, have successfully secured a final appellate victory in a high-exposure premises liability matter. The decision from Florida’s Third District Court of Appeal (DCA) officially affirms a trial court’s summary judgment win originally obtained by the firm in 2024.
Facing a final demand of $1,000,000 stemming from severe personal injuries, the coordinated trial and appellate defense team insulated the clients from massive exposure, resulting in a final award of $0.00 and an entitlement to fees and costs.
Overview of the Case
The history of this litigation, which follows a prior summary judgment victory reported by the firm in 2024, originally arose from a severe plumbing backup incident within a condominium building. The Plaintiff alleged that the defendant condominium association and the defendant property management company negligently failed to maintain the building’s common element plumbing system. This alleged maintenance failure resulted in water pooling on the bathroom floor, causing a slip-and-fall incident that left the Plaintiff with severe physical injuries.
Key Difference-Makers
- David Perez – Miami Partner
- Maggie Colter – Tampa Partner
- Thomas Valdez – Tampa Partner
- Dalton Clouser – Miami Associate
Claims Made Against Our Client
The Plaintiff pursued recovery under standard Negligence and Premises Liability theories against both the condominium association and the property management firm. Opposing counsel’s arguments centered on the allegation that the defendants had actual or constructive knowledge of recurring plumbing defects and failed to act, creating a hazardous condition that directly caused the slip-and-fall. To establish liability, the Plaintiff testified that she had verbally reported plumbing issues to management prior to the incident. Opposing counsel leveraged this testimony, along with medical bills reaching the high six figures, to argue that a breach of the standard of care directly resulted in significant injuries requiring major surgery, initially demanding $1,600,000 in compensation.
Defense Strategy
The defense strategy required a meticulous approach to overcome the Plaintiff’s testimony. Initially, the QPWB Florida trial team filed a Motion for Final Summary Judgment arguing a total lack of documentary evidence regarding prior notice. While the trial court initially denied that motion due to the disputed verbal accounts, Perez and Clouser systematically re-evaluated their defense position.
The team took highly thorough depositions of the Plaintiff and her two adult children who responded to the scene. During these depositions, the defense team successfully locked the witnesses into key testimonies: they confirmed that they never requested the defendants inspect the plumbing after the incident, nor did they hire an independent plumber to inspect or repair the system.
Armed with this testimony, Perez and Clouser executed a rare tactical maneuver by preparing a Second Motion for Final Summary Judgment. The motion argued that because the plumbing was never inspected or repaired after the backup, the Plaintiff possessed zero scientific or factual evidence proving that the water on the floor was caused by any structural negligence or failure attributable to the defendants. After the trial court granted this second motion, Valdez and Colter defended the victory on appeal after the Plaintiff challenged the ruling.
Impact on Final Outcome
The trial court fully adopted QPWB’s targeted defense causation argument and granted the Second Motion for Final Summary Judgment in 2024. When the Plaintiff appealed the trial court’s dismissal, Tampa Partners Thomas Valdez and Maggie Colter stepped in to defend the ruling.
The Third DCA reviewed the briefings and officially affirmed the trial court’s granting of the Second Motion for Final Summary Judgment. Furthermore, the defense team’s prior motion for entitlement to attorney’s fees and costs has been granted, allowing the defendants to aggressively pursue recovery of these expenses in light of the final appellate validation.
Unique Aspects of the Case
The most unique element of this litigation was the successful deployment of a Second Motion for Final Summary Judgment after an initial notice-based motion was denied. Defending a high-exposure slip-and-fall where a physical backup undeniably occurred required stripping away the emotional weight of the injuries and forcing the court to look strictly at the absence of forensic evidence.
Predicting the Future
This appellate affirmation reinforces QPWB’s reputation for rigorous factual development during the deposition phase. By uncovering and leveraging the omission of post-incident inspections, the firm demonstrated how exhaustive preparation creates multiple opportunities to prevail before trial. This win sets a strong precedent for corporate clients and insurance carriers, proving that speculative causation arguments can be successfully dismantled even in the presence of severe medical damages.
Key Actions in This Case
- Exhaustive Deposition Questioning: Successfully extracted critical admissions from the Plaintiff and family members regarding the total lack of post-incident plumbing inspections.
- Secondary Summary Judgment Strategy: Utilized a rare, highly strategic Second Motion for Final Summary Judgment to challenge the legal element of causation after initial notice arguments were exhausted.
- Coordinated Appellate Defense: Seamlessly transitioned the trial victory to a dedicated appellate team, securing a full affirmation from the Third DCA and triggering an entitlement to fees and costs.
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 60 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.