ORLANDO – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) Orlando Senior Partner Kevin Ross-Andino and Associate Barbara Gil secured a complete defense verdict and a $0.00 final financial award in a high-stakes premises liability dispute. Facing a $1.5 million jury demand, the defense team successfully protected a property landlord and management company from all liability exposure.
Overview of the Case
The litigation arose following a premises liability claim on commercial property where a plaintiff fell and sustained a severe arm fracture requiring multiple surgeries to repair. Seeking substantial compensation for medical expenses and ongoing pain and suffering, the plaintiff brought suit against the property landlord and management company. The plaintiff sought to hold the property entities fully accountable for the incident, elevating the exposure into a high-stakes damages dispute.
Key Difference-Makers
Claims Made Against Our Client
Opposing counsel asserted that the landlord and property management company failed to maintain a safe environment, alleging negligence directly caused the plaintiff’s fall and subsequent surgical arm repair. During trial, opposing counsel presented a $1.5 million jury demand based heavily on the severity of the arm fracture and long-term impact on the plaintiff.
Defense Strategy
Confronted with severe, surgical injuries that naturally elicited significant jury sympathy, the defense centered its strategy on two decisive fronts: legal non-liability and witness veracity. Kevin Ross-Andino and Barbara Gil established that the condition in question was “open and obvious,” created directly by the plaintiff, and entirely within her power to avoid. As trial proceedings unfolded, the defense team dynamically adapted its posture, deploying a granular examination of medical records, physical evidence, and live testimony to expose critical inconsistencies. By systematically dismantling the plaintiff’s credibility, the defense successfully anchored the jury’s focus to objective evidence rather than emotional appeal.
Impact on Final Outcome
This disciplined approach completely neutralized the plaintiff’s demand. Persuaded by the clear evidentiary record rather than emotional appeal, the jury returned a complete defense verdict, finding no fault on the part of the landlord or property management company and awarding $0.00 in total damages.
Unique Aspects of the Case
The defining element of the trial was the defense’s ability to overcome significant emotional sympathy generated by the plaintiff’s severe, surgical injuries. Through targeted cross-examination and real-time trial strategy shifts, the team illustrated glaring inconsistencies across the plaintiff’s testimony and supporting witnesses, proving that credibility gaps outweighed the sympathy factor.
Predicting the Future
This victory reinforces QPWB’s trial capabilities and strategic execution in high-exposure premises liability defense. By focusing on evidentiary details and maintaining adaptability in the courtroom, QPWB continues to protect property owners and businesses from unwarranted multi-million-dollar liabilities.
Key Actions in This Case
- Open and Obvious Condition: Demonstrated that the affected area was open, obvious, and within the plaintiff’s control to avoid, eliminating landlord duty and liability.
- Trial Adaptability: Pivoted defense postures in real time based on witness testimony to continuously expose factual inconsistencies.
- Credibility-Focused Defense: Successfully shifted the jury’s focus from emotional injury sympathy to objective evidentiary analysis.
About QPWB
Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 60 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.