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Partial Summary Judgment and Partial Dismissal With Prejudice, in Premises Liability Case

Nicole M. Ellis and Charles Watkins, of the Miami office, obtained a partial summary judgment and a partial dismissal in a multi-defendant premises liability case. The case involved both negligence claims by Plaintiff, and indemnity-related claims between the co-defendants. The partial summary judgment determined, on the eve of trial in the negligence case, that our client, one of three co-defendants, was an independent contractor. The partial summary judgment, together with Nicole’s skillful opening statements and cross-examination of Plaintiff’s physician, paved the way for Plaintiff asking to voluntarily dismiss her negligence claims against our client with prejudice. After a co-defendant subcontractor obtained a directed verdict, the jury returned a verdict assigning 100% liability to the premises owner on plaintiff’s negligence claims. Although the premises owner is expected to appeal, the partial summary judgment, voluntary dismissal of our client with prejudice, and directed verdict for the subcontractor (all in the negligence case) have laid a solid foundation for Nicole to renew her summary judgment motion on liability regarding the related indemnity claims with the co-defendants, as the remaining litigation on those claims proceeds.

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