Kelley Kronenberg Partner Vanessa Tobares and Associate Doug Pegan secured dismissal of all claims against their clients in a premises liability matter filed in the Circuit Court of the 17th Judicial Circuit in Broward County, before Judge Levenson. The firm represented four of the six named defendants, and all claims against each of them were dismissed. 

The pro se plaintiff alleged he was struck in the face by water from an allegedly defective or improperly calibrated irrigation system while walking on a public sidewalk, causing him to slip and fall and sustain injuries requiring emergency medical treatment. He filed claims of negligence and premises liability against multiple defendants and sought damages of approximately $50,000.00 per defendant, with total exposure estimated at well-over $300,000.00, not including potential fees and costs. 

Vanessa and Doug developed a defense strategy built around several strong affirmative defenses, including that their clients did not own the sidewalk where the incident occurred and therefore owed no duty to the plaintiff, that any liability should be apportioned among other parties under Florida’s comparative fault statute, that the condition was open and obvious, and that the plaintiff’s claimed damages were subject to statutory limitations on medical bill recovery. 

Doug attended the hearing on a co-defendant’s motion to enforce settlement, advised the Court that the plaintiff had ceased communicating with defense counsel, and the Court dismissed the case sua sponte. All claims against the firm’s clients were dismissed. 

The dismissal spared the firm’s clients the expense and uncertainty of continued litigation, representing a significant cost savings and an efficient resolution of a matter that carried substantial exposure. 

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