May 13, 2025
ShareKelley Kronenberg Secures Case Dismissal On Eve of Trial Through Effective Sanctions Motion
Kelley Kronenberg Partner and Business Unit Leader Aaron Neifeld secured a complete dismissal with prejudice for a major national retailer in a high-exposure premises liability case in Broward County Circuit Court.
The case involved a plaintiff who alleged a trip and fall over a shopping display, resulting in neck, back, and knee injuries and claimed medical bills exceeding $180,000.00. With potential exposure of more than $1,000,000.00, considering potential fees, the case presented significant risk to the client.
As trial approached, Aaron identified a strategic opportunity based on the plaintiff’s repeated failures to comply with court orders. The plaintiff and counsel had established a pattern of non-compliance, including failing to confer on pre-trial matters, failing to contribute to joint trial binders, and even failing to appear at calendar call.
Rather than simply proceeding to trial, Aaron filed a comprehensive motion for sanctions, specifically requesting dismissal with prejudice based on the Florida Supreme Court’s decision in Kozel v. Ostendorf. His motion methodically addressed each of the six Kozel factors, demonstrating that: (1) the attorney’s disobedience was willful rather than negligent; (2) the attorney had been previously admonished by the court; (3) the delay prejudiced the defendant through additional expenses and trial preparation challenges; (4) no reasonable justification was provided for the non-compliance; and (5) the conduct created significant problems of judicial administration.
In a detailed order, the judge granted the motion and dismissed the case with prejudice, finding that the plaintiff and counsel had “engaged in a pattern of willful disregard for this Court’s Orders.” The judge specifically noted that the court had “exhaustingly given Plaintiff and her counsel numerous opportunities to rectify this situation,” but they continued to ignore and violate court orders.
This exceptional outcome demonstrates the value of strategic procedural motions in litigation defense and highlights how meticulous documentation of opposing counsel’s conduct can create opportunities for case resolution without the expense and uncertainty of trial.
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