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Dismissal of Gross Negligence Count

Laurie Adams and Melonie Bueno, of the West Palm Beach office, dismissed a gross negligence count in Palm Beach County trial court, arguing that Plaintiff failed to plead with specificity the elements to assert this claim. Plaintiff argued that the 92-year-old Defendant with a dropped foot, who used a scooter to ambulate and drove a handicapped van while on various prescription medications, was equivalent to gross negligence or reckless disregard for human life. Laurie and Melonie successfully argued that age and disability do not rise to the level of gross negligence.

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