13 May, 2024

QPWB Secures Initial Summary Judgement & Affirms Decision In Appeal Proving Prowess In Tort For Major Retailer

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In: Verdicts

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Tricia Payne, Pensacola-Hub Partner, and Maggie Colter, Tampa-Hub Partner, achieved a significant victory for our client by securing dismissal in the initial case through thorough discovery and presentation of compelling evidence that refuted multiple claims. This resulted in obtaining dispositive relief and a summary judgment, ultimately saving our client a substantial amount of money and preempting the need for a jury trial. Despite the plaintiff's appeal of the initial decision, Tricia maintained her focus and enlisted Maggie to assist in drafting the appeal and navigating the case. Drawing upon their expertise in Tort and premise liability, they presented a strong case supported by ample evidence, leading to a successful outcome in the appeal. The initial court decision for summary judgment was upheld, affirming the efficacy of their strategy.

Overview of the Case

  • A slip-and-fall incident occurred due to water on the floor at a store in Leon County.
  • Extensive discovery by QPWB supported the case for dispositive relief.
  • The Court granted the Motion for Summary Judgment.
  • The plaintiff appealed.
  • The 1st DCA affirmed the trial court's order.

Key Difference-Makers

  • Tricia Payne, Partner out of the Pensacola Hub.
  • Maggie Colter, Partner out of the Tampa Hub.
  • Debbie Shally, Legal Assistant out of the Pensacola Hub.

Claims Made Against our Client

  • Failure to maintain premises safely, leading to the water spill.
  • Evidence showed extensive water spillage, possibly from a malfunctioning freezer.
  • Lack of warning about the hazardous condition.
  • Absence of caution cones in the area.

Defensive Strategy:

  • QPWB's vast knowledge and experience in premises liability law was evident by its discussion and analysis of Florida law, including unique issues such as Inference Stacking and the relation between the size of the transitory foreign substance to a premises' owner's notice of the substance.
  • QPWB relied heavily on Walmart's in-store video surveillance footage.
  • Although it did not capture the incident or the accident aisle, it captured customers as they entered the accident aisle.
  • QPWB argued that the condition could not have existed for long enough to give rise to constructive notice in light of the foot traffic entering the aisle, as the water was clean and untracked.

Impact on Final Outcome

  • QPWB provided a detailed analysis of Florida law applied to the case.

Predicting the Future

  • Achieving dispositive relief and successful appeal is challenging, reflecting QPWB's experience in premises liability.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 45 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.

Discover the QPWB Difference

Learn More

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