Jury Clears Landscaping Company in Hillsborough County, FL Premises Liability Case

CSK Defense
Tampa Administrative Partner Michelle Bartels

Case Summary
In this case, the Plaintiff, an individual, filed suit against multiple Defendants, including CSK’s client, a landscaping company, for negligent maintenance. The Plaintiff alleged that he sustained injuries after striking his head on a Grand Oak tree branch while riding his bicycle home at 2 a.m. during an incident in June of 2020. He claimed the branch was too low and violated a county ordinance. The property owner, a Co-Defendant, argued that the landscaping company was responsible for maintaining the tree, despite language in the landscaping contract suggesting otherwise. The Plaintiff incurred over $200,000 in medical expenses and underwent neck surgery. 

Defense Strategy
At trial, Ms. Bartels focused on demonstrating that Grand Oak tree trimming was not included in the landscaping contract and was not the responsibility of the landscaping company. Testimony from the property owner’s representative supported this position. Additionally, the defense cross-examined the Plaintiff’s surgeon, who admitted to being unaware of the Plaintiff’s extensive prior medical history and conceded that they could not rule out the possibility that the Plaintiff’s need for surgery predated the incident. This strategic approach effectively dismantled the Plaintiff’s case.

Verdict
The jury found that none of the Defendants were negligent, resulting in a complete defense verdict. This outcome followed an expired $25,000 proposal for settlement and a pre-trial demand of $125,000. During closing arguments, the Plaintiff asked the jury for over $1 million. The verdict underscores the importance of contract clarity and expert testimony in premises liability cases.

Special Thanks
Tampa Partner Samantha Tomlin for contributions working the file from inception through trial
Tampa Legal Assistant Lesley Aguila
Tampa Paralegal Barbara Tapawan