MIAMI-HUB — QPWB Partner David Perez achieved a decisive victory for our client, a national retail pharmacy chain, in a premises liability lawsuit involving a trip and fall incident. By effectively utilizing security footage and the plaintiff's own deposition testimony, Mr. Perez secured a summary judgment dismissal, demonstrating QPWB's expertise in defending businesses against negligence claims.

Overview of the Case

• The plaintiff alleged that she tripped and fell on a hazardous sidewalk leading to the defendant's store, sustaining multiple injuries. 
• Through meticulous preparation and strategic use of evidence, Mr. Perez successfully argued that the alleged hazard was open and obvious, and the plaintiff's own inattention led to the incident.
• The store's security footage demonstrated that, despite walking in broad daylight, the plaintiff was looking down into her purse and did not appear to be paying attention to the path in front of her.

Key Difference-Makers

• Trial Participants:

  • David Perez, Partner, Miami Hub

• Administrative Support:

  • Ryan Boyd, Paralegal, Miami Hub

Claims Made Against Our Client

The plaintiff claimed that the retail pharmacy store failed to maintain its premises in a reasonably safe condition, causing her to trip and fall on the sidewalk. This alleged negligence, she argued, resulted in her injuries and subsequent damages.

Defense Strategy

Mr. Perez conducted a comprehensive deposition of the plaintiff, where she admitted to:

• Visiting the store and traversing the same area hundreds of times prior to the incident.
• Looking into her purse at the time of the fall, confirming the account presented by the store's security footage.

This evidence effectively demonstrated that the alleged hazard was open and obvious, and the plaintiff's own lack of attention contributed to the fall.

Impact on Final Outcome

The court agreed with the defense's arguments, recognizing that the plaintiff had ample opportunity to observe and avoid the alleged hazard. The Motion for Final Summary Judgment was granted, resulting in a victory for the defendant. This outcome highlights the importance of thorough depositions and leveraging all available evidence, including security footage, to build a strong and effective defense.

Predicting the Future

This successful defense reinforces QPWB's commitment to vigorously defending businesses against premises liability claims. By utilizing strategic legal maneuvers and comprehensive fact-finding, our attorneys are well-equipped to secure favorable outcomes for clients facing premises liability claims.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 48 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.