March 14, 2024

Kelley Kronenberg Achieves Summary Judgment Victory in Manatee County, Florida

Kelley Kronenberg Partner, Catherine Arpen, orchestrated an extraordinary triumph in a Manatee County, Florida case. The lawsuit stemmed from the plaintiff’s slip and fall inside an oyster bar restaurant, whereafter plaintiff alleged negligence due to a transitory foreign substance. Facing exposure of a $1 million, Catherine secured a monumental victory through a strategically crafted Motion for Summary Judgment. 

In response to the plaintiff’s claims, Catherine spearheaded an aggressive defense, meticulously invoking all available premises liability defenses. Crucially, she highlighted the plaintiff’s failure to establish the existence of a dangerous condition on the floor, leveraging his own testimony to refute claims and vigorously opposing the impermissible stacking of inferences. 

Central to her success was Catherine’s deployment of a rarely utilized legal argument, rooted in meticulous reasoning. She deftly challenged the plaintiff’s attempts to infer the presence of a transitory foreign substance despite admitting uncertainty about the cause of the fall. By expertly navigating the legal landscape and invoking precedent such as Cohen v. Arvin, 878 So. 2d 403, Catherine underscored the necessity of avoiding impermissible inference stacking, thereby solidifying the case for Summary Judgment and posturing our client to seek attorney’s fees and costs. 

Moreover, Catherine’s strategic foresight and adept handling of procedural matters were evident when the plaintiff attempted to create an issue of material fact merely four days before the hearing by submitting an affidavit. Catherine promptly filed a Motion to Strike, arguing the motion as a housekeeping matter at the MSJ. The judge, adhering to Rule 1.510, disallowed the affidavit as being late submitted, further bolstering our position. 

This triumph serves as a testament to Kelley Kronenberg’s unwavering commitment to delivering unparalleled results for our clients. We express gratitude to our client for entrusting us with the opportunity to deploy innovative legal arguments and secure such remarkable outcomes.