ORLANDO HUB - QPWB Associate Ana Lazo recently achieved a significant victory for a commercial grocery store in a premises liability lawsuit filed in Florida.

Overview of the Case

The case stemmed from an incident where the Plaintiff, a volunteer for a local church, was injured on the defendant's property. At the time she was loading additional items located on a "milk bossy" (a wheeled cart), the Plaintiff, along with another volunteer, pulled the cart to the edge of a dock without direction from any employee. While loading the items, the "milk bossy," stacked with frozen items to be donated, fell onto the Plaintiff. The incident occurred at the defendant's commercial grocery store, where the Plaintiff was retrieving donated goods.

The Plaintiff alleged that the defendant created a dangerous condition by leaving donated items on the cart without supervision or training. The Plaintiff sought $450,000 in damages. However, through astute legal strategy, persuasive arguments, and diligent research, QPWB secured a Summary Judgment, completely absolving the defendant of liability.

A post-judgment confidential settlement, favorable to the defendant, was reached.

Key Difference-Makers

• Ana Lazo - Associate

Claims Made Against Our Client

The Plaintiff alleged she sustained injuries due to a dangerous condition on the premises, claiming that QPWB’s client created a foreseeable zone of risk by leaving donated items on a "milk bossy" without supervising employees or training volunteers on its use.

Defense Strategy

QPWB Associate Ana Lazo filed a Reply to the Plaintiff's response opposing the Motion for Summary Judgment.

The defense argued that the Plaintiff's status on the property as a volunteer was via permission, and that under Florida law, Plaintiff was to be considered a licensee for the purpose of establishing duty owed, thereby reducing the defendant's duty of care. The defense team also argued that the presence of the "milk bossy" with donated goods, being open and obvious, did not create a foreseeable zone of risk. QPWB highlighted that the condition was not inherently dangerous and was known to the Plaintiff. 

Impact on Final Outcome

The court ruled in favor of the defense, granting QPWB's Motion for Summary Judgment. This outcome prevented the Plaintiff from pursuing further legal action. A confidential post-judgment settlement, providing a favorable result to the client, was reached.

Unique Aspect of the Case

This case underscores the significance of determining that a volunteer's status, when based on permission, legally classifies them as a licensee for the purpose of establishing duty owed. Furthermore, it illustrates that open and obvious conditions do not necessarily constitute a foreseeable zone of risk.

Predicting the Future

This victory showcases QPWB's "DIFFERENT mindset" and collaborative team environment. It establishes a precedent that volunteers on a premises can be classified as licensees and that open/obvious conditions may not automatically create a foreseeable zone of risk. This win provides clients with the peace of mind that QPWB will utilize its resources to provide the best results available via the application of the rule of law.

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.