September 23, 2025

MIAMI, FL – QPWB has secured a complete defense victory for a nursing home client in a negligence case, resulting in a $0 award. The court granted the defense's motion to dismiss, ending the lawsuit before it could proceed to discovery or trial.

Overview of the Case

A Plaintiff filed a complaint against a nursing home client, claiming common law negligence related to a resident's alleged fall. The Plaintiff sought damages with an initial demand of $300,000. The Plaintiff did not file the lawsuit as a specific statutory cause of action under Chapter 400, which is the exclusive remedy for nursing home negligence in Florida.

Key Difference-Makers

• David Perez – Partner, Miami
• Dalton Clouser – Associate, Miami

Defense Strategy

The defense team identified a critical flaw in the Plaintiff's complaint: the failure to comply with the statutorily mandated pre-suit procedures and the use of the incorrect cause of action. The team immediately filed a Motion to Dismiss based on these procedural and substantive errors. By addressing these foundational flaws in the case from the very beginning, the defense team was able to halt the litigation process and achieve a swift, favorable outcome for the client.

Impact on Final Outcome

The court granted QPWB’s Motion to Dismiss, and the Plaintiff chose not to pursue the matter further. This complete dismissal resulted in a final award of $0, protecting the client from a potentially costly and prolonged legal battle.

Unique Aspects of the Case

The most unique aspect of this case was the Plaintiff's decision to allege common law negligence against the nursing home rather than the legally required Chapter 400 claim. This procedural error was the central weakness in the Plaintiff's case.

Predicting the Future

This win highlights QPWB's commitment to ensuring all plaintiffs comply with the proper procedures and laws pertaining to the alleged causes of action. By successfully using a Motion to Dismiss to end an improperly filed lawsuit, the firm has reinforced its ability to achieve positive outcomes for clients facing nursing home and long-term care claims.

Key Actions in This Case

• Strategic Motion to Dismiss: The defense team filed a Motion to Dismiss based on the Plaintiff's procedural failures and use of an incorrect legal claim
• Early Case Dismissal: Achieved a complete dismissal of the case, resulting in a $0 award and preventing further litigation

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 54 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.