WEST PALM BEACH — Managing Partner Edward Prieto, along with Partners Nicole Healy, and Maggie Colter, recently secured a significant victory for a hotel in a challenging negligence case. Through a strategic approach and meticulous preparation, they successfully obtained an order striking Plaintiff’s expert witness, and an order granting their Motion for Final Summary Judgment, a rare outcome in negligence cases. 

Overview of the Case:

The plaintiff alleged that the hotel was liable for injuries sustained due to an incident involving another guest's dog while on property. The plaintiff, who had accrued millions of dollars in medical bills due to repeated non-compliance with doctor's orders following the incident, sought to hold the hotel responsible for their extensive medical expenses.

Key Difference-Makers:

• Trial Participants:

  • Edward Prieto - Managing Partner (West Palm Beach)
  • Nicole Healy - Partner (West Palm Beach)
  • Maggie G. Colter - Partner (Tampa)

• Support Staff:

  • Peter Beckschi - Paralegal (Miami)
  • Michele E. Setzer Torres - Paralegal (West Palm Beach)

Claims Made Against Our Client:

The plaintiff claimed that the hotel failed to exercise reasonable care in preventing the incident, leading to his injuries and subsequent medical complications. Specifically, the plaintiff claimed that:

• The defendant had a duty to operate and maintain its premises in a reasonably safe condition for guests.
• The defendant had an obligation to warn the plaintiff of any dangers on the property that it knew about or should have known about.
• The defendant owed a duty of reasonable care to its guests, which included taking reasonable precautions to prevent the plaintiff from being attacked by a vicious dog.

Defense Strategy:

Prieto and Healy focused on challenging the qualifications and methodology of the plaintiff's expert witness. Through rigorous deposition questioning, they successfully established that the expert was unqualified to testify on the specific breed of dog involved and the appropriate preventative measures the hotel should have taken. Colter played a key role in drafting the motions and the proposed orders requested by the judge.

Impact on Final Outcome:

The court granted QPWB's motions to strike the plaintiff's expert and for summary judgment, effectively dismissing the case against the hotel. This outcome is particularly notable given the difficulty of obtaining summary judgments in negligence cases. As Healy explains, "Once we established that the plaintiff's expert was unqualified on both issues, we presented the court with case law demonstrating that summary judgment was the appropriate legal action." This strategic approach proved crucial in securing a decisive victory for the hotel client.

Predicting the Future:

This victory demonstrates QPWB's ability to navigate complex legal issues and achieve favorable outcomes for its clients, even in challenging circumstances. The firm's strategic approach to litigation, coupled with its attorneys' deep understanding of negligence law, positions QPWB to effectively represent clients in similar cases. 

"Daubert Motions to strike experts are more often than not denied by trial courts," says Prieto. "It is difficult to have them granted. Motions for Summary Judgment for the defendant are even more difficult to obtain and virtually unheard of in negligence cases." Furthermore, given the limited precedent in Florida regarding innkeeper liability for injuries caused by a guest's dog, this case, if appealed, could potentially establish new legal standards in the state.

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.