Summary Judgment Secured in Duval County Negligent Security Case Involving Fatal Shooting

CSK Defense Team
Miami Partner Joseph Goldberg
Miami Partner Tiffany Batten
Tampa Associate Brandon Tyler

Case Summary
This Duval County case arose from a fatal shooting in the early morning hours at a gas station in Jacksonville. The Plaintiff, acting as personal representative of the decedent’s estate, alleged negligent security against the Defendant property owner and an affiliated franchisor of the convenience store operation. The Plaintiff contended that the Defendants failed to provide adequate security and should be held responsible for preventing the criminal act.

Surveillance footage showed a coordinated ambush by armed individuals who entered the property, opened fire within seconds, and fled almost immediately. The entire incident lasted less than 30 seconds.

Defense Strategy
The CSK Defense Team assumed representation shortly before the trial period and focused on critical legal deficiencies in the Plaintiff’s claims. The defense moved for final summary judgment, arguing that the Defendants neither possessed nor controlled the premises, that the shooting was a targeted and unforeseeable criminal act, and that it could not have been reasonably prevented.

Through detailed briefing and argument across three hearings, the defense relied on video evidence, lease documents, and established Florida negligent security law to demonstrate that premises liability was not applicable. The defense also argued that the negligence per se claims could not stand without a viable negligent security claim.

Outcome
After considering the evidence and arguments presented, the Court entered final summary judgment in favor of the Defendants, dismissing all claims. The Court found that the Defendants lacked the requisite control for premises liability, that the shooting was a targeted and unforeseeable attack, and that no reasonable security measures could have prevented the incident given how quickly it occurred.

Because the negligent security claims failed, the Court also dismissed the negligence per se claims. The ruling reinforces key principles of Florida law: property ownership alone does not establish liability, businesses are not insurers against targeted criminal acts, and liability cannot be imposed where a violent incident is neither foreseeable nor preventable.

Special Thanks
Fort Lauderdale West Partner Antwon Emery

This case involved a profound loss of life. The Court’s decision addresses legal standards under Florida law and does not diminish the seriousness of the harm suffered by those affected.