TAMPA HUB - QPWB Partner Jeremy Jacobs and Terran Winegeart recently obtained a significant victory for an apartment complex and property management company in a negligent security and premises liability lawsuit, demonstrating the firm's expertise in this area of defense and its commitment to providing effective legal representation.

Overview of the Case

The case involved a plaintiff who was shot seven times outside of his apartment. The plaintiff filed suit against the apartment complex and property management company, alleging negligence and negligent security. 

Specifically, the plaintiff alleged that he was ambushed and shot in the chest seven times by two unknown assailants as he exited his apartment. The assailants, who were described as wearing all black clothing and having their faces obscured by hoodies, immediately fled and did not attempt to rob the plaintiff.

In this case, the Plaintiff brought four counts, two against each Defendant: one in negligence, and one in premises liability.

Key Difference-Makers

• Jeremy Jacobs - Partner
• Terran Winegeart - Associate

Claims Made Against Our Client

The plaintiff alleged that the defendants had a duty to provide a safe environment and breached that duty by failing to take necessary precautions or warn the plaintiff of dangers, resulting in the plaintiff sustaining seven gunshot wounds to the chest. In support of his claims, the plaintiff specifically pointed to, among other things, poor parking lot and building lighting, a broken front entrance gate for motor vehicles, dilapidated fencing surrounding the property, and a prior history of violent crimes at the property.

Defense Strategy

QPWB took the plaintiff's deposition and developed testimony that the incident was a targeted shooting, something Florida courts have deemed as unforeseeable. QPWB also retained a negligent security expert and obtained information about prior incidents at the property to determine whether this sort of targeted attack was foreseeable. When the expert found no such evidence of prior similar incidents, QPWB prepared a Motion for Summary Judgment, highlighting the unforeseeable nature of the incident and the lack of evidence of prior similar incidents. When Plaintiff filed their Response in Opposition on the last day to do so, we immediately filed our Reply.

Impact on Final Outcome

The court granted QPWB's motion for summary judgment, finding that the incident was unforeseeable and that the defendants did not have a duty to warn the plaintiff of the danger. This decision resulted in a complete dismissal of the case. 

Predicting the Future

This win reinforces QPWB's commitment to providing outstanding legal representation in all legal matters, including premises liability cases. The firm's attorneys and support staff work tirelessly to analyze complex situations, identify strategic opportunities, and implement effective legal strategies to protect clients' interests. This victory will serve as a valuable precedent for future negligent security cases, guiding the firm's approach to defending clients against similar claims.

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.