Appellate Win

Scott Cole of CSK’s Miami office obtained a per curiam affirmance of a summary final judgment in favor of Hopkins and Kynette’s Place after a single vehicle automobile accident. The Appellant-driver claimed that she was distracted by a shiny object near the boundary of Kynette’s Place and failed to see a phantom vehicle which had pulled out in front of her vehicle and was several car lengths ahead. Scott obtained an affirmance by successfully establishing that Kynette’s Place did not owe a duty to Appellant because the items on the roadside were not on Kynette’s Place’s property or under its custody or control, and that the objects should not have impeded the Appellant’s view of the phantom vehicle.

Scott Cole
(305) 350-5346

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