Francesca Ippolito-Craven, G. William Bissett, and Lisandra Guerrero, of the Miami office, obtained a Summary Judgment in a premises liability case where a Plaintiff alleged that a 15 pound ball mount joint fell on him, causing him to sustain bilateral knee and back injuries. In their Motion, they argued the Plaintiff could not prove the elements of his negligence claim since he testified he did not see the object that struck him prior, during, or immediately after the incident, and he did not know where it came from, or why it fell. They also argued the Plaintiff’s version of events was physically impossible and presented an expert witness’ affidavit to that effect.

At the Summary Judgment hearing, Lisandra successfully distinguished the case law cited by the Plaintiff’s counsel seeking the application of the res ipsa loquitor doctrine. Moreover, she rebutted his argument that it made no difference whether the Plaintiff saw the object prior to the accident by arguing the basis of Plaintiff’s claim was that the trailer hitch was improperly stocked. After hearing oral argument from both sides, the Judge held the Plaintiff could not prove the elements of his cause of action and granted  Summary Judgment in the Defendant’s favor.