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Motion for Summary Judgment Granted in a Premises Liability Case

Yvette Pace, of the Orlando office, recently obtained a summary judgment in a premises liability case. The Plaintiff allegedly slipped and fell on what she claimed was a decorative lava rock in a parking lot as she was walking to her vehicle. The lava rock came from a nearby planter, which was on the property owned and maintained by the Defendant, Yvette’s client. The Plaintiff claimed that as a result of the fall, she fractured her ankle, and underwent three surgeries, including removal of hardware. The claimed medical expenses were in excess of $100,000.00. Yvette moved for summary judgment, arguing that her client, the Defendant property owner, could not be held liable because a rock in a parking lot is not a dangerous condition as a matter of law and, further, is an open and obvious condition which the Plaintiff should have seen and avoided. The trial court agreed and entered summary judgment in favor of the Defendant property owner. A proposal for settlement was filed early on in the case, and Yvette will be moving for attorney fees and costs.

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