October 1, 2025

MIAMI, FL – QPWB has secured a complete defense verdict for a national retail pharmacy in a slip-and-fall negligence case. The court granted the firm’s Motion for Final Summary Judgment, which resulted in a $0 award and a complete dismissal of the case.

Overview of the Case

The Plaintiff filed a lawsuit alleging she slipped and fell on a recently waxed floor inside the retail pharmacy, resulting in injuries to her right ankle and spine. The Plaintiff claimed there were no warning signs and that the store had notice of the alleged dangerous condition. The initial demand for damages was for $150,000.

Key Difference-Makers

• David Perez – Partner, Miami

Defense Strategy

The defense team’s strategy centered on the open-and-obvious doctrine, with a focus on precise and targeted questioning during the Plaintiff’s deposition. Through this methodical approach, Miami Partner David Perez was able to get the Plaintiff to acknowledge that upon entering the store, she noticed the floor was sticky and that the sticky parts of the floor were a darker color than the non-sticky areas. Nevertheless, she continued to walk into the store, looking at the floor the entire time and stepping in the lighter, non-sticky areas. Based on this key testimony, the defense filed a Motion for Final Summary Judgment

Impact on Final Outcome

The court agreed that the condition may have been dangerous, but it was so "open and obvious" that the Plaintiff was reasonably expected to protect herself. The court granted QPWB’s Motion for Final Summary Judgment, which led to a complete dismissal of the case and a $0 final award. This outcome protected the client from a potentially costly trial and a significant monetary award.

Unique Aspects of the Case

The most unique aspect of this case was that the single most viable defense relied entirely on precise questioning of the Plaintiff at her deposition. Without the specific testimony that was elicited, a motion for summary judgment would not have been possible.

Predicting the Future

This win highlights QPWB’s knowledge of the law and the ability to elicit crucial testimony, even when the odds may seem to be against the defense. This outcome establishes a strong precedent for future clients by demonstrating that skilled litigation and the strategic application of legal doctrines can lead to a successful outcome.

Key Actions in This Case

• Strategic Deposition Questioning: Precise questioning of the plaintiff at her deposition was the foundation of the defense strategy
• Motion for Final Summary Judgment: The defense filed a motion based on the open-and-obvious doctrine

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.