MIAMI-HUB — Successfully defending against a potential 7-figure lawsuit, David Perez, Partner at the Miami Hub of Quintairos, Prieto, Wood & Boyer, P.A., with the assistance of Associate Attorney Dalton Clouser, recently secured a significant victory for our clients, a condominium association and property management company, in a premises liability lawsuit. The case involved a slip and fall incident where the plaintiff alleged negligence due to a water leak in her unit, resulting in significant injuries and medical bills in the high six figures.

Overview of the Case

The plaintiff claimed that the defendants failed to maintain the plumbing within the building, leading to a backup in her toilet and bathtub that caused water to leak onto her bathroom floor. She alleged this resulted in her slip and fall, causing injuries requiring major surgery and substantial medical expenses. However, through persistent legal strategy and thorough investigation, Mr. Perez and Mr. Clouser successfully argued that there was no evidence linking the leak to any negligence on the part of the defendants.

Key Difference-Makers

• Trial Participants:

  • David Perez, Partner, Miami Hub
  • Dalton Clouser, Associate, Miami Hub

Claims Made Against Our Client

• The plaintiff alleged that the condominium association and property management company failed to properly maintain the building's plumbing system, creating a hazardous condition that led to her injuries.
•  She claimed that this negligence resulted in a backup in her toilet and bathtub, causing water to leak onto her bathroom floor, which she then slipped on. 
• This fall, she argued, led to significant injuries requiring major surgery and resulting in substantial medical expenses.

Defense Strategy

Mr. Perez and Mr. Clouser began by conducting thorough depositions of the plaintiff and her two adult children. Through skillful questioning, they confirmed that no one had reported any plumbing issues to the defendants prior to the incident. This contradicted the plaintiff's claim that she had verbally informed the defendants of problems, weakening her argument that they had prior knowledge of the hazardous condition. Armed with this information, the defense team first filed a Motion for Summary Judgment, arguing that the defendants had no prior knowledge of any potential plumbing problems. However, the court denied this motion based on the plaintiff's claim that she had verbally reported the issues.

Undeterred, Mr. Perez and Mr. Clouser reassessed their strategy. They filed a second Motion for Summary Judgment focusing on the lack of evidence linking the water leak to any negligence on the part of the defendants. They emphasized that the plumbing was never inspected or repaired after the incident, demonstrating that the defendants could not be held responsible for the leak without evidence of their involvement in its cause. This approach, combined with the effective deposition testimony, proved successful, leading to the second Motion for Final Summary Judgment to be granted.

Impact on Final Outcome

The court granted the second Motion for Summary Judgment, recognizing the absence of evidence linking the defendants to the cause of the leak. This resulted in a significant victory for the condominium association and property management company, avoiding potential exposure to a seven-figure judgment. This outcome underscores the importance of thorough investigation, persistent legal strategy, and the ability to adapt and refine arguments in complex cases.

Predicting the Future

This win demonstrates QPWB's commitment to exploring all avenues for early case resolution and minimizing risk for our clients. By conducting exhaustive discovery, including detailed depositions, our attorneys can uncover crucial facts that may lead to multiple opportunities for success, even in challenging circumstances.

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. Our firm 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.