October 3, 2025

MIAMI, FL – QPWB attorneys have secured a complete defense victory for a cooperative association client in a premises liability case, resulting in a zero-dollar award. After more than five years of litigation, the lawsuit was dismissed with prejudice.

Overview of the Case

A plaintiff filed a civil complaint against a cooperative association represented by QPWB, alleging that its failure to maintain the building's exterior caused water penetration, mold, and damage to her unit. The plaintiff's initial monetary demand was $250,000.

Key Difference-Makers

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

Claims Made Against Our Client

The Plaintiff alleged that the cooperative association failed to maintain and keep the building's exterior in good repair. This, they claimed, resulted in water penetrating into her unit, causing mold and water damage and rendering the unit uninhabitable. The Plaintiff further claimed that the cooperative failed to repair the roof and other exterior elements of the building despite being on notice of ongoing leaks into her unit for several years.

Defense Strategy

The defense team identified and challenged several procedural deficiencies and pursued a diligent investigation over the course of the litigation. The cooperative association continuously repaired the roof when complaints were made and eventually replaced the roof. However, QPWB revealed that the leaks were not from the building's exterior, but rather from a faulty air conditioner and an improperly installed bay window in the unit directly above the plaintiff's.

Throughout the 5-years, the defense team maintained the pressure on the plaintiff by preparing and filing several motions, including Motions to Dismiss, a Motion for Leave to file a Third Party Complaint and a Third Party Complaint, a Motion to Strike Plaintiff's Experts and Motions for Summary Judgment.

Impact on Final Outcome

The defense's actions put continuous pressure on the Plaintiff and her attorney throughout the litigation. The discovery that the leaks were not from the building's exterior was a critical turning point. This persistence ultimately led to the Plaintiff and her attorney repeatedly failing to appear at hearings and the pre-trial conference, which resulted in the court's dismissal of the case with prejudice.

This complete dismissal with prejudice resulted in a final award of $0. As the prevailing party, the cooperative association is also entitled to fees and costs.

Unique Aspects of the Case

The most unique aspect of this case was its duration of over five years, with the case being presided over by three different judges. The defense team's unwavering commitment to the matter, despite having motions denied, secured the successful outcome.

Predicting the Future

This win highlights QPWB's commitment to defending clients and pursuing the truth at all costs. It shows that by leveraging thorough investigation and persistent defense, the firm can achieve favorable outcomes even in cases that are protracted and complex.

Key Actions in This Case

• Persistent Investigation: Discovered the true source of the leaks, contradicting the Plaintiff's claims
• Strategic Motions: Filed motions to dismiss, motions for summary judgment, a third-party complaint, and a motion to strike the plaintiff's experts

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.