Summer 2024 General Liability Newsletter

Complete Dismissal Obtained After HM&B Proves Plaintiff Committed Fraud Upon the Court 

Doe v. Big Box Retailer, Circuit Court in and for Orange County, Florida

This case represents another well-earned win for HM&B. Plaintiff alleged that he was injured when he slipped on water he claimed the store should have known about. HM&B proved to the Court that Plaintiff had made numerous misrepresentations about the incident and his current physical limitations. The Court agreed that Plaintiff misstated information to exaggerate his claim, which would have misled the jury if not for the comprehensive discovery conducted by HM&B. Accordingly, the Court granted dismissal of the entire claim. Congratulations to our partner Stephanie Vo for her skillful argument of the case!

HM&B Obtains Order Granting Summary Judgment in Case Involving Fall on Wet Pool Deck 

Melo v. Valdez et. al., 2023-008408-CA-01 (11th Cir. C. July 11, 2024)

Plaintiff alleged injury from a fall on a wet pool deck while performing a dance routine at Defendants’ home. The claim asserted that Defendants failed to maintain their premises in a reasonably safe condition.

The Court concluded that the undisputed facts demonstrated: (1) The alleged hazard was an open and obvious condition inherent to the area surrounding a swimming pool, and (2) Defendants did not have a reasonable opportunity to discover and address any water on the pool deck before Plaintiff’s fall.

Michael Dono and Schuyler Smith authored the Motion for Summary Judgment, with Schuyler Smith presenting the oral argument. Patricia Concepcion and Jamie Nakoa handled other aspects of the case…

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