HM&B Secures Defense Verdict in Major Commercial Trucking Case
Henderson v. American Merchandising Specialists Inc., Case No. 16-2017-CA-005328 (In the Circuit of the 4th Judicial Circuit in and for Duval County, Florida Circuit Civil Division)
Jerry Hamilton, along with attorneys Samantha Loveland and Stefanie Gonzalez, obtained a complete defense verdict in a complex liability dispute involving a commercial truck and passenger vehicle. Following a two-week trial in Jacksonville, Florida, the team successfully defended against multi-million dollar claims stemming from the plaintiff’s alleged eight-year course of medical treatment. The defense team’s thorough preparation, including comprehensive strategy development through the firm’s Trial Committee, proved instrumental in securing this favorable outcome. The firm will pursue recovery of defense costs pursuant to an earlier rejected settlement proposal.
HM&B Secures Summary Judgment on Behalf of a Home Improvement Retailer
John Doe v. Home Improvement Retailer, 59-2023-CA-001617-XXXX-XX (JCC Seminole County Fla. Nov. 2024)
Plaintiff asserted that he tripped and fell over an empty pallet while shopping in the Lawn & Garden Department, resulting in injury to his back and hip. He sued for damages related to these injuries.
Following Plaintiff’s deposition testimony, in which he admitted that the pallet was clearly visible after the incident and that he had walked between two pallets to get the product he wanted, Hamilton, Miller & Birthisel (HM&B) filed a Motion for Summary Judgment. The Motion argued that the pallet was an open and obvious condition, negating any duty on the part of Defendant.
The Court considered the Motion, Plaintiff’s Response to the Motion for Summary Judgment, and oral argument presented by the parties. It concluded that the undisputed facts demonstrated the alleged hazard was an open and obvious condition inherent to the garden center. As such, there was no genuine issue of material fact, and the Court granted Summary Judgment as a matter of law. HM&B’s Shaunda Hill and Patricia Concepcion secured this excellent result for the client.
HM&B Secures Summary Judgment in Favor of Construction Client
Dempsey v A&P Consulting Transportation, et. al., Case No. 50-2023-CA-002850 (C.C. Palm Beach County Fla. Nov. 2024)
Plaintiff James Dempsey sued Community Asphalt Corporation (“CAC”) and ACME Barricades LC, alleging he fell off his motorcycle and suffered personal injuries due to an uneven road condition for which Defendants failed to provide adequate warning. CAC, in turn, filed a third-party claim against ACME for breach of contract, alleging that ACME failed to install warning signs and was obligated to indemnify CAC for Mr. Dempsey’s injuries.
ACME moved for summary judgment, arguing that its contractual obligations under the CAC/ACME agreement were limited solely to its own negligence. ACME contended that CAC could not establish that ACME had any responsibility to install the warning signs and, therefore, lacked proof of any negligence on ACME’s part. Without such evidence, ACME argued, it had no obligation to indemnify CAC.
The Court agreed with ACME’s position and dismissed CAC’s claims against ACME. HM&B’s Kira Tsiring successfully…
