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 alleges he was injured when he fell on a wet pool deck in the course of performing a dance routine at the defendants’ home. Plaintiff alleged that the Defendants failed to maintain their premises in a reasonably safe condition. The Court concluded that the undisputed facts demonstrated that the alleged hazard was an open and obvious condition inherent to the area surrounding a swimming pool, and 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 wrote the Motion and Schuyler Smith argued same. Patricia Concepcion and Jamie Nakoa handled other aspects of the case.