Eli Marger, of our Tampa office, won summary judgment on claims brought by a condominium unit owner for negligence and res ipsa loquitur stemming from a sudden, high-volume water leak at the condominium building which had been vacant for two months due to a fire. Through discovery, Eli established his client – an upstairs unit owner – had no prior notice of a potential plumbing issue and that the precise cause of the failure was never determined. After two hearings on the motion for summary judgment, the judge granted the motion on Eli’s arguments for no duty and no applicability of res ipsa loquitur.
