CSK Defense Team
Tampa Partner Howard Scholl
Tampa Associate Lowell Brown
Case Summary
A wrongful death lawsuit was filed after a tragic accident at a Tampa residence. CSK defended a homeowner who resides in Connecticut. The homeowners hired a company to perform routine repairs on the Florida property where his elderly mother-in-law lived. The company subcontracted the stucco work on the chimney to another individual, who then hired the Decedent to complete the job.
On the day of the incident, the Decedent climbed onto the roof to begin repairs but fell shortly afterward through a screened lanai onto the pool deck, suffering a fatal head injury.
Defense Strategy
Retained by a Florida-based insurance provider, the CSK Defense Team pursued a defense based on the independent contractor doctrine, arguing that the Defendant was not liable for the actions of the injuries of a contractor in the performance of his duties.
Although an initial motion for summary judgment was denied, the CSK Defense filed a renewed motion with additional factual evidence. They successfully demonstrated that the original denial was based on incorrect assumptions and that there was no evidence supporting the limited exceptions to the independent contractor defense.
Verdict
The court granted summary judgment in favor of the Defendant, effectively dismissing the case. The homeowner, who had been actively involved throughout the litigation, expressed great satisfaction with the outcome, as did the insurance carrier.
Special Thanks
Tampa Paralegal/Legal Assistant Christine Jurski
Tampa Legal Assistant Heather Akridge
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