FOR IMMEDIATE RELEASE
July 16, 2020
Contact:Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB WINS DISMISSAL WITH PREJUDICE IN ASSISTED LIVING NEGLIGENCE MATTER
ORLANDO – Robin N. Khanal, a partner in the Orlando office of Quintairos, Prieto, Wood & Boyer, P.A., obtained a dismissal with prejudice on behalf of a Jacksonville assisted living facility.
Plaintiff, a former assisted living resident, claimed that in March 2017 she suffered a traumatic slip and fall after an employee of the facility negligently placed a food tray on the floor in a common area hallway. As a result of this fall, the Plaintiff brought a common law premises liability action against the assisted living facility claiming bodily injuries, disability, and damages in excess of $75,000. The action was initiated three years after the slip and fall.
Khanal moved to dismiss the action and prepared a detailed memorandum of law. At the hearing, they argued the Plaintiff failed to bring her claims within two years and pursuant to Florida’s Assisted Living Facilities Act. Plaintiff asserted her negligence claim was based solely on the fact that she was a business invitee and as such the assisted living facility owed her a duty to maintain its premises in a safe condition. Plaintiff further proclaimed that common law negligence actions have a four-year statute of limitations.
The Court was convinced by Khanal and Brown finding the civil enforcement section of Florida’s Assisted Living Facilities Act provides the exclusive remedy for a cause of action for a resident arising out of negligence. The Court ultimately concluded Plaintiff’s claim was now outside the two-year statute of limitations for assisted living negligence actions and therefore barred.
Judge Bruce R. Anderson of the Fourth Judicial Circuit in and for Duval County issued an Order dismissing Plaintiff’s Complaint with Prejudice.
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Robin N. Khanal, a partner in the Orlando office, concentrates his practice on complex personal injury defense; predominantly, in the areas of premises liability, medical malpractice, nursing home and assisted living defense. He earned his Juris Doctor, with honors, from the Shepard Broad Law Center at Nova Southeastern University in 2002. He has received the Pro Bono Service Bronze Pin from the Legal Aid Society of the Orange County Bar Association for continuous service to his community. Mr. Khanal is licensed to practice law in Florida.
Christopher E. Brown is a partner in the firm’s Orlando office. His practice focuses in the areas of commercial and administrative litigation with emphasis on health law, professional licensure hearings and investigations, and the defense of nursing homes and assisted living facilities.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women owned law firm in the nation with 23 offices in the U.S. and abroad across a spectrum of industries in over 40 areas of practice. Our lawyers provide representation in litigation, business, real estate and governmental law.