October 3, 2008

Contact: Eric W. Boyer, Esq.
Managing Partner/Operations
305-670-1101 Ext. 123


Brooke Chastain Juan

SARASOTA, FL, – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB), Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) Tampa office trial attorney Brooke Chastain Juan obtained a Final Summary Judgment on behalf of a gasoline supply company and a convenience store/gas station landowner in a case involving a slip and fall at a gas station operated by a third party tenant.
On May 16, 2006, the plaintiff entered the convenience store/gas station property for the purposes of purchasing gasoline. She did not enter the store building, but intended to pay for her gasoline purchase at the pump. During the process of filling her vehicle, she claimed to have slipped on either oil or gasoline adjacent to the gas pump, causing her to fall and suffer a fractured hip.
The initial suit filed by the plaintiff named only one defendant, which was the company responsible for supplying the gas station with fuel. Subsequently, the plaintiff also added the landowner as well as the station operator/tenant as Defendants to the suit.
The plaintiff argued, among other things, that the landowner in particular had a non-delegable duty to business invitees to keep the premises clean and safe. The defendant gas supplier and landowner successfully argued that the station operator/tenant was in sole possession and control of the premises at all relevant times and was therefore the party solely responsible for the maintenance of the premises related to transitory substances pursuant to Florida Statute 768.0710. The Honorable Bob McDonald granted summary judgment for both the gas supplier and the absentee landowner.
Quintairos, Prieto, Wood & Boyer, P.A., is a civil defense firm with a wide variety of litigation services for healthcare companies, healthcare facilities, physicians and other healthcare licensed professionals and their insurers. The firm’s Litigation Department also provides general liability defense for all businesses, insureds and insurance companies. Our practice groups and industry-based teams ensure clients have access to attorneys with the best expertise, regardless of location. QPWB maintains a tightly integrated network of six fully staffed offices throughout Florida with attorneys licensed in several states.

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