October 10, 2024

Kelley Kronenberg Secures Dismissal in High-Stakes Slip and Fall Case

Kelley Kronenberg Attorney Ryleigh Walaconis of the firm’s General Liability and Third-Party Insurance Division recently secured a significant victory in a slip and fall case at a commercial shopping mall. The case, heard in Miami-Dade County before Judge William Thomas, was dismissed without prejudice due to the plaintiff’s failure to comply with court orders regarding discovery. 

The case began with a negligence claim filed by the plaintiff which sought damages for injuries allegedly sustained in the fall, including bodily harm, aggravation of pre-existing conditions, pain and suffering, loss of income, and medical expenses. The total estimated exposure was approximately $150,000.00. 

When the plaintiff failed to comply with an Agreed Order extending their discovery deadline, Ryleigh took swift action. On August 1, 2024, she filed a Motion for Contempt of Court and Sanctions, citing Florida Rule of Civil Procedure 1.380. This rule allows for sanctions, including dismissal, when a party fails to obey a discovery order. 

The motion was heard before Judge Thomas on August 14, 2024. Despite being granted an additional two days to provide the discovery responses, the plaintiff again failed to comply. Consequently, on August 20, 2024, Judge Thomas entered an Order Granting Defendant’s Motion for Contempt and Sanctions for Violation of Court’s Order. This order struck all pleadings and dismissed the case without prejudice. 

Without the vigorous defense mounted by Kelley Kronenberg, the outcome may have been different, potentially resulting in higher costs for the defendant in further defending the case. This victory not only saved our client from potential liability but also showcased the firm’s expertise in effectively navigating complex litigation procedures to secure dismissals. 

To learn more about how Kelley Kronenberg’s General Liability and Third-Party Insurance Division protects clients from unwarranted claims in premises liability cases, and how we can assist with strategic defense through effective discovery management and procedural expertise, click here.