Hamilton, Miller & Birthisel, LLP (HM&B) successfully obtained a summary judgment for client Peter Mason Greif, in Orange County. This case arises from a December 15, 2022 motor-vehicle versus pedestrian accident on University Boulevard near Quadrangle Boulevard in Orange County, Florida. Plaintiff Gabino Crisanto Jimenez alleges that while attempting to cross the road as a pedestrian, he was struck by Defendant Peter Mason Greif’s vehicle. At the summary judgment hearing HM&B argued that Plaintiff’s negligence was the sole proximate cause of the accident, as Plaintiff that admits he crossed outside a crosswalk in violated Florida Statute § 316.130(10), which requires pedestrians crossing outside a crosswalk to yield the right-of-way to vehicles. This statutory violation constitutes negligence and supports a finding of sole proximate cause where, as here, no evidence shows that Defendant could have avoided the impact. Plaintiff admitted throughout his deposition that he does not remember any details about the impact. He further testified that he does not know how far any vehicles were when he decided to cross; what direction he looked to check for vehicles; how long he looked before crossing; and whether he attempted to dodge or avoid vehicles. HM&B also argued that there was no competent evidence that Defendant acted negligently—no evidence of speeding, distraction, or delayed reaction–and that Plaintiff’s theory of liability rested on impermissible inference stacking. The Judge agreed and entered a summary judgment in Greif’s favor. Jimenez claimed various injuries as a result of his accident fall, including his neck, lower back, and right knee. He sought over $1 million dollars in damages which included over $900,000.00 in past medical expenses after undergoing lumbar spine and knee surgery. Omari Sinclair was the lawyer from the HM&B trial team who secured the summary judgment for Greif.
