Earleen Cote and Shuntal Dean, of the Ft. Lauderdale office, obtained a Voluntary Dismissal in a slip and fall case where the Plaintiff fell while stepping down from a booth at a restaurant which she had been sitting while she ate dinner. Relying on current Florida case law and the Plaintiff’s own sworn testimony, Earleen and Shuntal demonstrated that the step-down was not a dangerous condition and, even if it was considered a dangerous condition, this particular stepdown was an open and obvious condition. It was especially helpful that Earleen and Shuntal were able to elicit testimony from the Plaintiff that she was aware of the step-down and that she had no issue navigating the step when she entered the booth upon her arrival at the restaurant. After the Motion for Summary Judgment was filed, Plaintiff’s counsel filed a Notice of Voluntary Dismissal.
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