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HM&B Wins on Summary Judgment for National Restaurant

Desko v. P.F. Chang's China Bistro, Inc., Daytona Beach Property Holdings Retail, LLC, and FisherPrice Painting, LLC

Case No. 2021-30960 (In the Seventh Judicial Circuit In and For Volusia County, Florida)

The Plaintiff alleged he was injured when he slipped and fell at the outside entrance of the restaurant. It was raining at the time of the incident and caution signs were placed inside of the restaurant. The restaurant maintained that there was no dangerous condition, it did not breach its duty to maintain the entryway of the restaurant, it had no notice of any dangerous condition, and Plaintiff’s fall was the result of his failure to pay attention to open and obvious rainwater on the ground while he was walking. The Court agreed with the restaurant and granted final summary judgment in its favor. The Motion for Summary Judgment was drafted by Michael Dono and argued by Schuyler Smith.