January 29, 2025
Share$2 Million Premises Liability Case Ends in Summary Judgment Victory for Kelley Kronenberg
Kelley Kronenberg Partner/Business Unit Leader Aaron Neifeld secured a complete defense victory in Palm Beach County Circuit Court, obtaining summary judgment in a high-exposure premises liability case. The case involved a professional plumber who sustained severe injuries after falling from a ladder while attempting to access the roof of a residential property to perform plumbing repairs.
The plaintiff claimed that patches of oil on the defendant’s driveway caused his ladder to slip, resulting in a displaced fracture to his lower leg that required four surgeries and generated medical bills exceeding $500,000.00. The plaintiff, a 36-year-old who faced potential future medical care, sought damages of $2 million.
In his detailed order granting summary judgment, Judge Joseph Curley emphasized several key points that supported the defense’s position. First, the Court noted that a property owner who hires an independent contractor is generally not liable for injuries sustained by that contractor’s employees in performing their work. The Court found it significant that the defendant had no participation in the plaintiff’s scope of work and never exited her home prior to the fall.
The Court also highlighted the plaintiff’s own testimony, which revealed that he had inspected the driveway before placing the ladder and deemed it the “best spot,” seeing no foreign substances at that time. Notably, the plaintiff did not notice the alleged oil patches until 5-10 minutes after his fall.
The Court determined that finding causation would require impermissible “stacking of inferences,” as a jury would need to make multiple unsupported assumptions about the origin, timing, and nature of the alleged oil patches. The Court concluded that the evidence presented was insufficient to permit a reasonable jury to find in the plaintiff’s favor.
This victory not only protected the client from the $2 million in claimed damages, but also eliminated substantial additional exposure from ongoing litigation costs and potential plaintiff’s attorneys’ fees had the case proceeded to trial. Moreover, as the prevailing party, the defendant is entitled to recover her attorneys’ fees and costs, making this an exceptional result that showcases the firm’s ability to secure early dispositive victories in high-exposure cases.
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