July 25, 2024

Kelley Kronenberg Secures Dismissal in Freon Poisoning Case Against Morgan & Morgan

Kelley Kronenberg Partner Nita Smith, representing our client, an air-conditioning servicer, achieved a decisive victory in a high-stakes negligence case. The suit, filed by Morgan & Morgan on behalf of a minor plaintiff and the minor’s parent, alleged freon poisoning from faulty air conditioning repair and sought damages of approximately $100,000.00. 

In proceedings before Judge Declan Mansfield of Florida’s Sixth Judicial Circuit in Pasco County, Nita’s strategic defense dismantled the plaintiff’s case. Through meticulous discovery and skillful deposition, she revealed that our client had no contract with the plaintiff, performed no repairs at the property, and thus owed no duty to the plaintiff.  

Nita’s thorough investigation uncovered the true employer of the A/C repairman for that service date and established that the work was performed by a company other than our client. Armed with this information, she filed a compelling Motion for Summary Judgment, supported by well-crafted arguments and transcript evidence. 

Faced with Nita’s ironclad defense and the looming summary judgment hearing, the plaintiff’s counsel dismissed the case a mere business day before the scheduled proceeding.  

When confronted with Kelley Kronenberg’s unparalleled trial preparation and assertive defense strategies, even formidable opponents like Morgan & Morgan find themselves reassessing their position. 

 

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