May 22, 2024

Kelley Kronenberg Secures Significant Settlement in General Liability Case

Kelley Kronenberg Partner/Business Unit Leader David Gordon, with Attorney Alexandra Mena from our General Liability Division, recently achieved a significant victory for a sovereign entity client in Osceola County, Florida, with the Honorable Tom Young presiding.  

The case involved a plaintiff who alleged negligence due to a sidewalk condition on our client’s property. She claimed to have fallen while attending a community yard sale, resulting in spinal injuries that led to over $300,000.00 in medical expenses. 

The plaintiff’s testimony about the exact cause of her fall was unclear. She cited various potential reasons, such as leaves gathered on the sidewalk, a height differential, gaps between sidewalk panels, or a shaved portion of the sidewalk. Despite these uncertainties, she pursued a lawsuit, alleging our client’s failure to maintain a reasonably safe sidewalk. 

David and Alexandra mounted a robust defense, raising multiple arguments, including comparative fault, the open and obvious condition of the sidewalk, and lack of causation. Based on the plaintiff’s unclear deposition testimony, the team filed a Motion for Summary Judgment prior to Mediation to leverage our client’s position and encourage settlement. 

Through strategic informal negotiations, we successfully settled the case for a fraction of the plaintiff’s claimed medical expenses and approximately 35% of the potential exposure, effectively containing our client’s liability and avoiding the costs and uncertainties of a jury trial. 

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