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Voluntary Dismissal Filed Where No Opinion on Causation in First-Party Property Case

William Sabinson, of our West Palm Beach office, obtained a dismissal in a first-party property case based on a “no peril created opening” issue. Billy deposed the public adjuster who had no opinion regarding whether the roof damage was due to wind. He also deposed the tenant’s boyfriend, who did repairs on the roof, who saw cracking and lifted shingles in the area of the roof where there was interior leaking, but he admitted that he had only started doing roofing work. Apparently, he had been working as a sushi chef, so he did not have the experience to make any conclusions regarding causation. Plaintiff had made a modest demand at mediation, but once Billy went through the testimony and noted a proposal for settlement and motion for summary judgment were pending, Plaintiff filed a voluntary dismissal with prejudice and even offered to treat Billy to a sushi dinner!

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