CSK Defense Team
Orlando Associate Connor Lavene
Orlando Partner Scott Shelton
Case Summary
A tenant sued the owners and operators of an apartment complex, alleging that long-term exposure to toxic mold following a hurricane caused serious respiratory illness. The Plaintiff claimed the conditions at the property led to bronchiectasis and other related health issues, relying on photographs, video footage, a mold assessment, and a later medical diagnosis to support her allegations.
The Plaintiff sought to hold the apartment complex Defendants responsible for her alleged injuries
Defense Strategy
The CSK Defense Team successfully challenged the Plaintiff's expert disclosures, resulting in the exclusion of her treating physicians and expert witnesses for untimely disclosure. The Plaintiff then attempted to rely on medical records and her own testimony to establish causation.
Before the jury was brought into the courtroom, the defense argued that the Plaintiff's remaining evidence was inadmissible and insufficient to prove her claims. After hearing arguments from both parties, the Court agreed and excluded the Plaintiff's remaining causation evidence.
Outcome
Without admissible evidence establishing that the alleged mold exposure caused the Plaintiff's injuries, the Plaintiff acknowledged that she could not prove her case. The Court subsequently entered a directed verdict in favor of the apartment complex Defendants, concluding the litigation before the case was submitted to the jury.
Our team is available to discuss the topics written here and ready to provide additional information contained in this article. Contact us for more information.
