Tampa-Hub Partner Tatum Brown Finley and Associate Chelsea L. Musto achieved a summary judgment by demonstrating that the client was not the licensee of the assisted living facility during the relevant period. They presented evidence from discovery and depositions proving that the client did not owe a duty to the resident, effectively countering the plaintiff’s claims of negligence and breach of fiduciary duty.

Overview of the Case

• The case was filed in 2017 with eight defendants, including our client who was improperly named.
• The plaintiff alleged negligence and breach of fiduciary duty against our client.
• The complaint, which contains six counts, was filed over seven years ago with multiple defendants represented by different firms.
• This complexity is typical in long-term care cases, requiring a clear definition of each party's role through motion practice and discovery.

Key Difference-Makers

• Tatum Brown Finley – Partner
• Chelsea L. Musto – Associate

Claims Made Against Our Client

• The defense argued that evidence from discovery and depositions showed our client was not the licensee during the resident's stay.
• Consequently, the plaintiff could not prove that our client owed a duty to the resident or that any alleged breach caused harm.

Defensive Strategy

• The defense argument was straightforward, but the plaintiff attempted to introduce irrelevant issues.
• By anticipating these tactics, the defense was better prepared and maintained focus on the relevant facts.

Impact on Final Outcome

• The defense employed creative arguments while maintaining a strong focus on the actual issues, which was appreciated by the judge.

Predicting the Future

• Long-term care frequently faces claims of fiduciary breach from aggressive plaintiff's firms.
• The defense's consistent strategy and supportive court orders will strengthen our position against these claims in the future.

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.