Gutierrez, Annalisa - Hamilton Miller & Birthisel

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Annalisa Gutierrez

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Annalisa Gutierrez is a Partner in the firm’s Fort Lauderdale office. She concentrates her practice on defending premises liability and commercial liability claims, with a focus on the areas of admiralty and maritime law, personal injury defense, wrongful death claims, contractual disputes, class actions, products liability and medical malpractice defense. Ms. Gutierrez’s career in maritime claims began while still in law school, where she interned in the legal department of Royal Caribbean Cruises. Throughout her career, she has continued to represent international cruise lines, in addition to representing national corporations and insurers in state and federal courts as well as arbitration.

Ms. Gutierrez earned her BA degree from Tufts University, successfully completing three majors in four years. She received her Juris Doctor from Miami University School of Law where she graduated magna cum laude. Ms. Gutierrez has been with the firm since 2013, and is grateful for the extensive experience and the opportunities to obtain favorable judgments for clients.

Honors

PRACTICE AREAS

Personal Injury and Wrongful Death Defense
Hospitality Law Claims
Insurance Defense
Products Liability
Premises Liability Defense
Medical and Professional Malpractice Defense

Education

J.D., University of Miami School of Law, Magna Cum Laude

B.A., Tufts University, Medford Massachusetts

Admissions

Florida
U.S. District Court for the Southern and Middle Districts of Florida

Experience

Obtained partial summary judgment on claims stemming from an alleged excessive use of force by security onboard cruise ship, and allegation of civil theft. The court granted summary judgment on the plaintiffs’ claims as to intentional infliction of emotional distress, negligence, and civil theft. Amparo v. Classica Cruise Operator Ltd, Inc., CASE NO. 20-CV-60896-RAR (S.D. Fla. 2021)
Obtained an order granting summary judgment in favor of cruise for alleged slip and fall due to bathroom leak, which was subsequently affirmed by the Eleventh Circuit. Adams v. Paradise Cruise Operator Ltd., CASE NO. 0:19-cv-61141-BLOOM/Valle (S.D. Fla. 2020).
Assisted in obtaining an order granting summary judgment in favor of cruise line operator from alleged altercation including physical assault onboard, where it was alleged inter alia the cruise line failed to have adequate security measures onboard, failed to properly train its crew, and failed to warn. Fuentes v. Classica Cruise Operator, Ltd., Inc., CASE NO. 19-CV-60883-WILLIAMS/VALLE (S.D. Fla. 2020).
Assisted in obtaining an order granting summary judgment on the basis that it did not have actual or constructive notice of the liquid on the floor prior to the alleged incident which retailer did not owe a duty to warn of and the incident was not foreseeable. Wendy Donnelly v. Wal-Mart Stores, East, LP., Case No. 2:19-CV-14112 (In the US District Court for the Southern District of Florida, West Palm Beach Division Feb 2020)
Assisted Lead Counsel in obtaining a complete defense verdict in favor of a major retailer after a jury determined that the retailer did not have actual or constructive notice of the oily spill on which the customer slipped, it owed no duty to warn her of the condition, and the incident was not foreseeable. Fabiola Ortega Guzman v. Sam’s East, Inc. d/b/a Sam’s Club, Case No. 16-CV-81977-Rosenberg/Reinhart (in the U.S. District Court for the Southern District of Florida, West Palm Beach Division, Feb. 2020)
Obtained an order granting summary judgment in favor of retailer for trip and fall claim, on the grounds that the condition was open and obvious such that there was no failure to maintain the premises. Portuondo v. Wal-Mart Stores East, LP, 17-20419-CIV-MORENO (S.D. Fla. 2018)
Obtained an order granting summary judgment in favor of retailer on the grounds of lack of notice of a transitory substance, which was subsequently affirmed by the Eleventh Circuit. Berbridge v. Sam’s East, Inc., 16-cv-62681-BLOOM/Valle (S.D. Fla. August 2017).
Obtained an order granting summary judgment on claims for Jones Act negligence unseaworthiness and maintenance and cure. Jamar Thompson v. Oceania Cruises, Inc. and International Cruise Services, Inc., Case No.: 1:15-cv-20484-FAM (S.D. Fla. Oct. 13, 2015).
Assisted in obtaining an order granting summary judgment on the issue of contractual disclaimer enforceability of World Fuel Services contractual disclaimers in its fuel contract with vessel. Korean Line Corp. v. World Fuel Services (July 2015)
Assisted in obtaining a complete defense verdict and a $1.4 million verdict for clients in a 2-week Federal trial. Ramirez v. St. Johns Shipping Co., Inc. & Hernandez v. King Arturo’s Corp. & Miami Jet Tours, Inc. (S.D. Fla.)
Assisted in obtaining an order granting summary judgment in favor of cruise line operator for alleged slip and fall in cabin bathroom. Lundquist v. Celebration Cruise Operator, Inc. CASE NO. 12-60655-CIV-WILLIAMS/SELTZER (S.D. Fla. 2012).

Recognition

The Best Lawyers in America: Ones to Watch, Insurance Law (2024)
The Best Lawyers in America: Ones to Watch, Product Liability Litigation – Defendants (2024)