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Motion for Summary Judgment in Alleged Premises Case

Stefanie D. Capps | June 29, 2016

Stefanie Capps, of the Ft. Myers office, obtained a summary judgment in a case where the Plaintiff alleged that a large opening on a sidewalk in the City of Bonita Springs, caused him to fall off of his bicycle.  As a result, the Plaintiff alleged that he sustained significant injuries to his face and upper extremities.  Stefanie represented the contractor who built the sidewalk for the city who had finalized the project the year before the accident occurred. 

The Plaintiff alleged that the concrete caulk in the sidewalk expansion/drainage joint was defective and therefore, rotted away and left an opening in the sidewalk.  Stefanie’s Motion for Summary Judgment argued that this condition was patent and there was not notification from the city of the defective work by the contractor.  The Judge agreed the condition was patent and the work had been accepted by the city, thus barring liability against the contractor.  As a result of Stepfanie’s motion being granted, the Plaintiff must now pay attorneys’ fees and costs back to the insurance carrier.

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