11 November, 2024
In: Verdicts
Comments: 0
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.
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.
Mr. Perez conducted a comprehensive deposition of the plaintiff, where she admitted to:
This evidence effectively demonstrated that the alleged hazard was open and obvious, and the plaintiff's own lack of attention contributed to the fall.
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.
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.
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.