ORLANDO HUB - Partner Elizabeth Plummer recently achieved a significant victory for an apartment complex owner and its management company in a negligent security lawsuit, demonstrating the firm's expertise in premises liability defense and its commitment to providing effective legal representation.

Overview of the Case

The case involved a plaintiff who alleged he sustained a gunshot wound after being caught in the crossfire of a dispute at an apartment complex with a history of criminal activity. The plaintiff sought $2,500,000 in damages, claiming the apartment complex failed to provide adequate security.

This case was inherited by QPWB from another law firm, which had filed a motion for summary judgment asserting that no duty was owed to the Plaintiff as he was a trespasser upon the premises (after receiving a trespass warning approximately nine months before the incident alleged). No other grounds were argued by the previous firm.

Key Difference-Makers

• Elizabeth Plummer - Partner

Claims Made Against Our Client

The plaintiff alleged that the apartment complex owner and its management company were negligent in providing security, leading to his injuries. 

Defense Strategy

Prior to the hearing, Plummer took a proactive approach by amending the existing motion for summary judgment to include stronger arguments. She argued that the incident was not reasonably foreseeable, and even if a duty was owed, the plaintiff failed to provide evidence of  how that duty was breached and/or how any breach caused the Plaintiff’s injuries.

Impact on Final Outcome

The Court rejected the trespasser argument, but agreed with Plummer's compelling arguments and granted Summary Judgment in favor of the apartment complex owner and management company. This decision resulted in a complete dismissal of the case and saved the client $2,500,000 in potential damages.

Unique Aspect of the Case

This case highlights the importance of thorough legal analysis and strategic advocacy in achieving favorable outcomes for clients. Plummer's ability to identify and leverage key legal arguments, even when disagreeing with previous counsel, proved crucial in securing a victory for QPWB's client.

When asked about this legal victory, Mrs. Plummer stated, “The prior law firm and the attorneys handling the case were very well-qualified. However, by reviewing the record evidence, having a thorough understanding in the changes over time in case law applicable to negligent security claims, and knowing how the judges view these claims, I saw the ‘winning’ issues very DIFFERENTLY. If I had relied on the analysis of the attorneys before me and had not, respectfully, disagreed with them concerning the strength of the existing motion, we would not have prevailed. The new arguments and analysis carried the day.”

Predicting the Future

This win reinforces QPWB's commitment to providing outstanding legal representation in all legal matters, including premises liability cases. The firm's attorneys and support staff work tirelessly to analyze complex situations, identify strategic opportunities, and implement effective legal strategies to protect clients' interests. This victory will serve as a valuable precedent for future negligent security cases, guiding the firm's approach to defending clients against similar claims.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation. QPWB serves a diverse range of industries with over 100 areas of practice, providing expert representation for businesses and their leaders in litigation, regulatory, and corporate matters.