Kelley Kronenberg Secures Dismissal for Wrongly Named Defendant in Premises Liability Case

Kelley Kronenberg Partner Vanessa Tobares secured a voluntary dismissal with prejudice for her insurance broker client in a Polk County, Florida premises liability case—just 32 days after the complaint was filed and without any payment. 

The lawsuit arose from an October 2023 incident at a big-box retail store in Avon Park, Florida. Plaintiff claimed she was struck and knocked down by two workers pushing an overloaded beer cart through the store aisle. She alleged multiple rib fractures, cervical disc herniations, a hip labral tear, and other injuries requiring extensive treatment. The complaint named both the beverage distributor whose employees were allegedly involved and Vanessa’s client, an insurance broker. 

Plaintiff’s counsel issued a settlement demand and the case proceeded toward litigation. However, Vanessa identified a fundamental problem with the claim against her client: the company was solely an insurance broker. It had no employees at the store that day, no involvement in the beer delivery operations, and no connection to the incident whatsoever. 

Vanessa contacted Plaintiff’s counsel directly to explain the misidentification. She established that her client’s only relationship to the matter was as a broker—not as an employer of the workers involved, not as a party with any control over the delivery operations, and not as an entity with any liability for the plaintiff’s injuries. 

After confirming these facts, Plaintiff’s counsel agreed to file a voluntary dismissal with prejudice as to Vanessa’s client. The dismissal was filed in November 2025, with each side bearing its own fees and costs. 

The client walked away from a case involving claimed damages well into six figures without paying a dime. More importantly, the dismissal with prejudice prevents any future claims arising from this incident. 

This case highlights the importance of early case evaluation and direct communication with opposing counsel. When a client is clearly the wrong defendant, prompt outreach with the facts can resolve the matter before significant defense costs accumulate. For defendants who find themselves named in lawsuits based on mistaken identity or misunderstood corporate relationships, quick action to clarify the record can lead to early exits from litigation. 

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