CSK Defense Team
Miami Associate Julia Nelson
Miami Partner Blake Sando
Case Summary
In Monroe County, FL, a professional malpractice lawsuit was brought against a group of Realtors by three Plaintiffs. The Plaintiffs claimed that the Realtors failed to disclose un-permitted property improvements that violated building codes and local flood guidelines, seeking hundreds of thousands of dollars in damages. After depositions revealed that two Plaintiffs admitted under oath that no misrepresentations were made, the case proceeded against the remaining Plaintiff.
Defense Strategy
The CSK Defense Team focused on dismantling the allegations by leveraging sworn testimony. After securing admissions that no verbal or written misrepresentations occurred, the Defense filed a Motion for Final Summary Judgment. The argument centered on the absence of any actionable misrepresentation, which is a critical element for a malpractice claim.
Outcome
The Court agreed with the Defense’s position and granted Final Summary Judgment in favor of the Defendants. This result underscores the importance of thorough depositions and strategic use of testimony to eliminate liability. When no evidence of misrepresentation exists, summary judgment can be a powerful tool to resolve claims efficiently.
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.
