The Wood Smith Henning & Berman Orlando trial team recently delivered a significant victory for a national home builder, obtaining three separate summary judgment rulings that resulted in a complete dismissal of all claims in a premises liability action in which the plaintiff demanded a seven-figure settlement.
Partner Ian Gillan and Senior Associate Brian Hartley filed targeted motions for summary judgment addressing (1) trespassing; (2) Florida Building Code issues, and (3) OSHA applicability. The court granted all three motions.
The case involved allegations that the plaintiff sustained injuries on a residential construction site. Plaintiff asserted that alleged violations of the Florida Building Code and OSHA regulations established a standard of care that was breached.
In its first order, the court concluded that the plaintiff was a trespasser and that the home builder had no knowledge of her presence on the property. As a result, she was owed no duty under Florida law.
In two subsequent orders, the court separately determined that the plaintiff could not rely on alleged violations of the Florida Building Code or OSHA regulations to establish a standard of care. As to the Building Code, the court found it inapplicable because the incident occurred before completion of the related inspections and issuance of the certificate of occupancy, and because the home in question later passed all required inspections. As for OSHA, the court concluded the regulations did not apply because the plaintiff was not within the class of individuals the regulations are designed to protect and was not on the property for occupational purposes.
"This was a complex case, and the court's findings required a precise legal strategy. The court's three separate rulings validated that approach. Our focus from the start was to narrow the issues, challenge the improper legal theories, and position the case for a complete dismissal," commented Gillan.
"This result reflects our commitment to early, strategic motion practice to limit exposure for our clients. Securing a complete dismissal at this stage saved significant time, cost, and risk," added Hartley.
As a result of this successful motion, the plaintiff's claims were dismissed in their entirety, delivering a complete win for the client without the need for trial or further litigation expense.
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