26 April, 2024

Pensacola Attorneys Call In Expert Testimony To Debunk Claims Of Negligence In Premises Liability Summary Judgment

bookmark_icon

In: Verdicts

comment_icon

Comments: 0

blog_content_img

Pensacola-Hub Partner, J. Andrew Talbert, and Associate Brian M. Norback's unwavering determination secured a victory by challenging the presumption of negligence per se regarding elevator inspection violations and introducing a novel legal theory regarding their client's ownership. This precedent-setting win establishes a framework for future premises liability cases involving elevator accidents resulting in personal injuries.

Overview of the Case

  • Despite evidence of client's failure to inspect and certify the elevator, we achieved summary judgment, indicating a significant legal victory.
  • Plaintiff sued for serious injuries after the elevator plunged 40 feet, suggesting high stakes in the case.

Key Difference-Makers

  • Lead attorney, J. Andrew Talbert provided overarching guidance and direction, ensuring a cohesive and effective legal approach throughout the case, showcasing his leadership and expertise in complex litigation.
  • Associate, Brian Norback meticulously identified and collaborated with fact and expert witnesses, pivotal in shaping our legal strategy.
  • Paralegal, Debbie Shally's diligent efforts in securing trial witnesses and supporting trial preparations greatly bolstered our case, demonstrating the importance of our entire team's contributions.

Claims Made Against our Client

  • Plaintiff's allegations centered on violations of Florida Statutes governing elevator inspection, testing, and certification, suggesting a clear legal basis for their claims.
  • They accused our client of negligence per se and breaching common law duties, citing evidence of the elevator's potential danger, painting a compelling narrative for their case.

Defensive Strategy

  • We skillfully argued that the mere violation of statutes didn't automatically amount to negligence per se, requiring a nuanced legal interpretation.
  • By introducing expert testimony, we effectively demonstrated that even if compliance had occurred, it wouldn't have prevented the unfortunate incident, challenging the core of Plaintiff's argument.
  • Challenging the sufficiency of Plaintiff's expert affidavit on proximate cause was critical in undermining the strength of their case.
  • Contesting our client's ownership status, we raised a complex legal argument regarding the legality of the transfer, introducing a novel perspective to the case.

Impact on Final Outcome

  • The court's order meticulously examined the evidence and highlighted the lack of a direct link between the violation and the incident, thereby supporting our proximate cause argument convincingly.
  • While not the primary basis for the ruling, the ownership issue significantly contributed to the overall strategy, adding depth to our defense.
  • By addressing potential grounds for appeal, we strategically positioned the order to withstand further legal challenges, showcasing the foresight in our legal approach.

Predicting the Future

  • Our success in attacking proximate cause emphasizes a potentially effective strategy in future cases with similar complexities, offering insights for legal practitioners.
  • The arguments surrounding the illegal transfer highlight broader legal implications that may shape future litigation in related areas, indicating a proactive approach to emerging legal challenges.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 45 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.

Discover the QPWB Difference

Learn More

Related News

image_1
May 24, 2024

QPWB Associates Use Inconsistent Workers’...

Lexington-Hub Associate Adrian Del Valle, Associate Amelia Kitchens, and Paralegal Melissa Candler’s defense team achieved this win by thoroughly...

image_1
May 17, 2024

DiFiore Argues Statues and Regulations...

Tampa-Hub Partner, Dorothy DiFiore strategically analyzed relevant statutes and regulations surrounding the foster care system defining the term “case...

image_1
May 13, 2024

QPWB Secures Initial Summary Judgement...

Tricia Payne, Pensacola-Hub Partner, and Maggie Colter, Tampa-Hub Partner, achieved a significant victory for our client by securing dismissal...

Start typing and press Enter to search

Shopping Cart