June 6, 2022

Appellate Court Affirms Complete Dismissal in Playground Injury Case

The Third District Court of Appeal affirmed a complete dismissal obtained by Kelley Kronenberg Partner and Chair of General Liability David Henry, involving a premises liability lawsuit filed in Miami Dade County.

Henry represents the City of Sunny Isles Beach in the lawsuit, which was filed when a minor was injured while playing on playground equipment at a city-owned park. But Henry successfully argued the child’s conduct in misusing the playground equipment was the sole proximate cause of his injuries. The judge agreed and granted summary judgment, which the appellate court upheld.  The City of Sunny Isles Beach filed a Proposal for Settlement, and it is now seeking to recoup its attorney’s fees and costs.   

David Henry focuses his practice on complex tort litigation.  While he is located out of the firm’s Fort Lauderdale office, he has a statewide practice.  David can be reached at dhenry@kelleykronenberg.com.



Kelley Kronenberg is a multi-practice business law firm with over 400 employees, more than 200 attorneys, and 12 locations throughout Florida and the United States. Founded in 1980, the firm is one of the fastest-growing law firms in Florida and amongst the largest in the U.S. The firm serves all types and sizes of public and private companies, including small businesses and individuals nationwide. Kelley Kronenberg has been recognized amongst the “Largest U.S. Law Firms” by the National Law Journal’s NLJ 500, Law 360 400, and Florida Trend in 2020, “America’s Top Corporate Law Firms” by Forbes and “Top 10” in NLJ’s “Women’s Scorecard” 2019. The firm has been the recipient of many accolades most recently including: “Best Multi-Practice Business Law Firm – USA,” Acquisition International; “Business of the Year,” “Top 100 Private Companies,” “Top Law Firms,” and “Largest Law Firms,” South Florida Business Journal; “Largest Law Firms,” Tampa Bay Business Journal, Orlando Business Journal,  and Jacksonville Business Journal; “Biggest Law Firms in Florida,” Florida Trend; “Top 100 Law Firms,” South Florida Business & Wealth; Florida’s Largest Law Firms,” American Lawyer’s, Daily Business Review “Review 100;” and “Best Law Firms,” U.S. News – Best Lawyers®. The firm earned the 2021 Ragan’s Top Places to Work and Top Workplaces USA award by Energage and “Top Workplaces for Communication, Top Workplaces for Clued-In Leaders, Top Workplaces for Top Leaders, and Top Workplaces for Innovation.” Kelley Kronenberg has also been recognized as a “Top Workplace” by the Sun-Sentinel and a “Best Place to Work” by the South Florida Business Journal for two consecutive years.  For more information, visit www.kklaw.com.

Erica Wander, Marketing and PR Manager