CSK Tampa Partner Michelle Bartels recently won Motions for Summary Judgment in three separate cases in Hillsborough County. The first case involved a trip and fall over a metal bike-rack type barricade at the Gasparilla Race in Tampa. Plaintiff claimed that the barricade was encroaching on the sidewalk and because of the crowds, she could not see it. Defense argued, and the Court agreed, that it was an open and obvious condition and that any person at a crowded race should be aware they would encounter similar barricades. The Court held that as a matter of law, the barricade was not a dangerous condition.
The second case involved a rear-end car accident, where the Plaintiffs claimed that CSK's client rear-ended them and left the scene. Plaintiff took down the insured’s license plate. Based on the property damage photographs and an EDR download of the insured vehicle, defense argued that the insured vehicle was not involved in the accident, and the Court agreed.
The third case involved a fall near a construction project/new home build. The insured owned the subject lot and was the general contractor on the project. Due to heavy rains, there was a wash out on the property and on Plaintiff’s adjacent property. Plaintiff went out one day to put flags to alert his lawn maintenance crew of the washout, and while doing so, he fell. Plaintiff claimed he fell on the defendant’s property, which he did not have permission to be on. The Court found that Plaintiff was an undiscovered trespasser, and defendant was therefore immune from liability. The Court also found that the washout was open and obvious, and that Defendant had no duty to warn Plaintiff about a condition which he was aware of.
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