June 12, 2025
ShareKelley Kronenberg Secures Million-Dollar Case Dismissal Through Discovery Strategy
Kelley Kronenberg’s General Liability Team of Practice Partner Kaitlin Coyle, Attorney Douglas Pegan, and Legal Assistant Zoe Estevez secured a complete defense victory for Gordon Chevrolet, Inc. in the Circuit Court for Clay County, Florida, obtaining voluntary dismissal with prejudice of a premises liability case seeking $1 million in damages.
The case involved a customer who alleged she was injured while test-driving a vehicle at an Orange Park dealership. The plaintiff claimed she slipped on a step gate while exiting the rear of a lifted truck and tumbled out, breaking bones in her foot. From the outset, plaintiff’s counsel demanded the full $1 million policy limits.
The defense team identified a critical strategic opportunity when they reviewed CCTV footage from the dealership that contradicted key aspects of the plaintiff’s claims. When opposing counsel filed a motion to compel production of this footage prior to the plaintiff’s deposition, our team filed a comprehensive response in opposition and motion for protective order, arguing that the CCTV footage should not be disclosed until after the plaintiff’s deposition. Their research uncovered a previous ruling from the same judge in a nearly identical scenario which the defense team strategically used in its response motion and motion for a protective order.
At the hearing before Judge Don H. Lester (Ret.), the defense team presented compelling arguments based on this precedent and the strategic importance of preserving discovery order in this case. Judge Lester agreed with their position and ruled in favor of the defense, denying the plaintiff’s motion to compel.
The ruling proved decisive. The following morning, opposing counsel informed the defense team that they would be voluntarily dismissing the case based on the court’s ruling. Within 24 hours, the plaintiff dismissed the case with prejudice, eliminating exposure exceeding $1 million entirely, without any payment.
This case demonstrates the critical importance that sequencing of evidence may have in a case which can fundamentally alter case dynamics in premises liability litigation.
Stay up to date on the latest developments in general liability and third-party insurance. Click here to read the latest issue of our newsletter, “In the Know: General Liability Edition.”
Learn more about Kelley Kronenberg’s General Liability and Third-Party Insurance Defense Division. Click here.