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Final Summary Judgment in Comprehensive Negligence Action – Harold Saul

Harold Saul, of our Tampa office, prevailed on a Final Summary Judgment in a comprehensive negligence action. At issue was a fallen communications tower with claims for alleged damages totaling in excess of $1,500,000.00, a large part of which was lost profits. Plaintiff, an owner of the tower, alleged the driver of a backhoe struck a guy-wire, causing the tower to collapse. Our client was a homeowner adjacent to the communications tower where the backhoe was located. Plaintiff alleged our client had an agency relationship with, and direction over, the driver of the backhoe. Harold successfully argued that our client was not in any relationship with the driver, and, further, even if there was a relationship, it was, at most, as a gratuitous independent contractor. The trial court agreed and granted final summary judgment. The issue of fees from an expired proposal for settlement remains pending.

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