Miami Partners Jonathan Midwall and Haley Kornfield obtained a full defense verdict following a one week trial in West Palm Beach on behalf of a condo association in a premises liability case.
Plaintiff claimed to have sustained catastrophic, multiple fractures to her lower extremity and ankle due to a fall in a hole in a grassy common area that required multiple surgeries and months of rehab. She incurred $400,000 in past medical expenses and was claiming pain on a 24/7 basis and the need for more surgery. Defendant’s CME expert agreed with the extent of the fracture and need for future surgery. Plaintiff claimed the condo association was on notice of the dangerous condition as there was evidence of soil erosion and a history of faulty sprinklers that caused a hole to develop in an area routinely used by residents whom would walk their dog in the grassy area.
Jonathan and Haley defended the case by arguing that the association did not have notice of a dangerous condition and argued the association acted reasonably (despite its non-delegable duty) in its maintenance of the premises by conducting routine checks and hiring a qualified landscaper to perform maintenance as well.
Plaintiff asked for a significant 7 figure verdict during his closing statements at trial. The jury deliberated for 2.5 hours and returned a complete defense verdict.
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