Orange County Court Dismisses Slip-and-Fall Claims Against Property Defendant

CSK Defense Team
Orlando Associate Austin Newell

Case Summary
This case arose from an alleged trip-and-fall incident involving a Plaintiff who claimed she was injured after tripping on a raised section of sidewalk near a commercial property. The Plaintiff sued multiple parties, including a property-related Defendant, alleging that tree roots caused the sidewalk to become uneven and that the Defendant was responsible for maintaining the area under a lease agreement.

The Defendant moved for summary judgment, arguing that it neither owned nor controlled the portion of the sidewalk where the incident occurred and therefore owed no legal duty to the Plaintiff.

Defense Strategy
Mr. Newell focused on demonstrating that the Defendant had no responsibility for the portion of the sidewalk where the Plaintiff allegedly fell. Lease documents and other evidence established that the Defendant neither owned nor controlled the area, eliminating any duty to maintain or repair the alleged hazard.

The defense also challenged the Plaintiff's theory that tree roots from an adjacent property caused the sidewalk defect. Because the Plaintiff presented no admissible evidence connecting the Defendant to the condition, the defense argued that any finding of liability would be based on speculation.

Outcome
The Court granted the Defendant's Motion for Summary Judgment, dismissing all claims against the property-related Defendant before trial. The Court concluded that the Plaintiff failed to present sufficient evidence leaving no basis for the claims to proceed.