Results

<< Return to Results List

Defense summary judgment in complex products liability case.

July 29, 2015

Steve W. Cornman, of the Miami office, the week before a lengthy, complex products liability trial was scheduled to commence in U.S. District Court for the Southern District of Florida, the district judge entered a twelve page order granting the defense motion for summary judgment Steve had filed. The Plaintiff was the roofing contractor who had purchased various roofing materials from Steve’s clients, including an adhesive which was alleged to have been defective and to have been the primary cause of the premature detachment of portions of the membrane of the roofing system the contractor repaired. The roofing contractor sued Steve’s client seeking millions of dollars in damages for labor, materials, and other expenses allegedly incurred. The complaint included counts for breach of implied warranty of merchantability and of fitness for a particular use, as well as counts for breach of express warranty and for violation of Florida’s Deceptive and Unfair Trade Practices Act.

Steve’s team filed a motion for summary judgment fully utilizing the summary judgment standard applied by the federal courts, which allows (and invites) a Defendant to move for summary judgment if, after adequate time for discovery, the Defendant can affirmatively establish that the Plaintiff is without competent proof to establish the necessary elements of the causes of action alleged. In this case, Steve took the position that to establish that his clients’ adhesive product was “defective” and was the cause of the Plaintiff’s damages, Plaintiff must, as a matter of law, present expert testimony. Therefore, he argued the defense was entitled to summary judgment since Plaintiff was electing to pursue the case without an expert to support the claims. The district judge agreed with Steve, and therefore granted the defense summary judgment.

locations

Miami

Miami Office

9100 South Dadeland Blvd., Suite 1800
Miami, FL 33156

T: 305.374.1212 F: 305.374.7846

view location | map location

Miami-Dade

Key West

Key West Office

402 Applerouth Lane, Suite 2C
Key West, FL 33040

T: 305.509.7300 F: 305.374.7846

view location | map location
Monroe
Ft. Lauderdale

Ft. Lauderdale Office

110 East Broward Blvd., Suite 1400
Fort Lauderdale, FL 33301

T: 954.768.0011 F: 954.768.0514

view location | map location
Broward
West Palm Beach

West Palm Beach Office

1700 Palm Beach Lakes Blvd., Suite 800
West Palm Beach, FL 33401

T: 561.640.0303 F: 561.640.0524

view location | map location

Indian River | Martin | Okeechobee | Palm Beach | Saint Lucie

Tampa

Tampa Office

400 North Ashley Drive, Suite 1200
Tampa, FL 33602

T: 813.204.9776 F: 813.204.9660

view location | map location
Hernando | Hillsborough | Manatee | Pasco | Pinellas | Polk | Sarasota
Orlando

Orlando Office

201 South Orange Avenue, Suite 475
Orlando, FL 32801

T: 407.245.3630 F: 407.245.7685

view location | map location
Brevard | Highlands | Orange | Osceola | Seminole
Ocala

Ocala Office

101 Southwest 3rd Street
Ocala, FL 34471

T: 352.622.4222 F: 352.622.9122

view location | map location
Alachua | Citrus | Dixie | Gilchrist | Lake | Levy | Marion | Putnam | Sumter | Volusia
Jacksonville

Jacksonville Office

76 South Laura Street, Suite 1400
Jacksonville, FL 32202

T: 904.396.0062 F: 904.396.0380

view location | map location
Baker | Bradford | Clay | Columbia | Duval | Flagler | Hamilton | Nassau | Saint Johns | Union
Pensacola

Pensacola Office

125 West Romana Street, Suite 550
Pensacola, FL 32502

T: 850.434.0003 F: 850.434.0223

view location | map location

Escambia | Holmes | Okaloosa | Santa Rosa | Walton

Tallahassee

Tallahassee Office

1705 Metropolitan Boulevard, Suite 202
Tallahassee, FL 32308

T: 850.222.5188 F: 850.222.5108

view location | map location

Bay | Calhoun | Franklin | Gadsden | Gulf | Jackson | Jefferson | Leon | Liberty | Wakulla | Washington | Madison | Lafayette | Taylor 

Ft. Myers

Ft. Myers Office

13350 Metro Parkway, Suite 401
Fort Myers, FL 33966

T: 239.334.8403 F: 239.939.0700

view location | map location

Charlotte | Collier | DeSoto | Glades | Hardee | Hendry | Lee

Mobile

Mobile Office

11 North Water Street, Suite 10290
Mobile, AL 36602

T: 251.308.3351 F: 251.287.1624

view location | map location

Baldwin | Washington | Clarke | Escambia | Covington | Geneva | Houston | Henry |  Dale | Coffee | Barbour | Pike |Crenshaw | Butler  | Monroe | Clarke | Choctaw | Wilcox | Bullock | Russell

hover over location name to preview, or click it for full details

Our Firm

our hi(story)

In 1963, Gene Kubicki founded the firm based on dedication to excellence. The same high standards have been maintained for over five decades -- years which have seen the firm’s ranks swell to over 175 attorneys.

ourattorneys

Our team knows return clients are the life blood of any law firm and this is why we ensure client satisfaction by an exacting attention to service and quality.  Client service coupled with a spectacular work ethic, makes our team hard to beat.

find an attorney

ourDIVERSITY

Kubicki Draper is committed to fostering an environment of equal opportunity for success and believes diversity is not only a moral imperative, but is also sound business practice.

Read More

ourPractices

In response to the growing needs of its clients, the firm began expanding in the early 1980's and today is a diverse full-service law firm providing trial, appellate, coverage, commercial and real estate transaction services.

browse our practice areas

ourresults

Kubicki Draper enjoys a national reputation for expertise in the handling of complex, high stakes litigation matters, as well as, appellate, general commercial and real estate practice.

preview our results

ourreach

With a dozen offices throughout the State of Florida and other key points in the southern parts of Georgia, Alabama, and Mississipi, our firm is familiar to every venue statewide and will never get home-teamed.

find the location near you