Fort Lauderdale East Managing Partner Jami Gursky, Miami Partner Benjamin Esco, and Pensacola Associate Bradley Rowe secured a dismissal with prejudice at the pleading stage in a tragic wrongful death case.
The case arose after a victim was accidentally shot by police in his apartment. CSK represented the owners of the apartment complex, who were sued under a negligent reporting theory after an apartment employee called the police for a disturbance.
The defense team raised several arguments in their motion to dismiss. The Court agreed that the apartment employee simply passed along the information she had about the disturbance, which is protected conduct unless constituting punitive conduct.
The case was permanently thrown out because the judge decided there was no way for the lawsuit to be fixed or changed to succeed.
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