September 11, 2024
ShareKelley Kronenberg Secures Summary Judgment in High-Stakes Premises Liability Case for Major Retailer
Kelley Kronenberg Partner/Business Unit Leader Aaron Neifeld and Attorney Carla Freire-Torres of the firm’s General Liability and Third-Party Insurance Defense Division recently secured a significant victory for their client, a major retailer, in a premises liability case in Palm Beach County. Their successful defense strategy, culminating in a granted motion for summary judgment, saved the client from a potential $650,000.00 payout and highlighted the firm’s expertise in premises liability defense.
The case centered around a plaintiff who alleged suffering a traumatic brain injury after an incident at the client’s store, a national big box retailer. According to the claim, the plaintiff exited through a shopping cart vestibule underneath a partially-closed garage door, with a cement wall on the other side. The plaintiff argued that the garage door obscured their vision of the cement wall, leading to head trauma upon exit.
Aaron and Carla crafted a compelling defense argument centered on the “open and obvious condition” doctrine. Through diligent investigation and preparation, they uncovered that the plaintiff had frequented this same store dozens of times before the incident, each time encountering the same vestibule setup.
In court, our team presented evidence that the vestibule opening was clearly visible and “almost human” in size. They argued that this five-foot opening was not a “concealed peril” under Florida law, but rather an open and obvious condition that did not require a specific warning. The team effectively demonstrated that some conditions are so commonplace and apparent that they cannot be considered hidden dangers.
To bolster their case, Aaron and Carla cited several precedent-setting Florida cases. These included Circle K Convenience Stores, Inc. v. Ferguson, Dampier v. Morgan Tire & Auto, LLC, Perez-Rios v. Graham Companies, and Brookie v. Winn-Dixie Stores, Inc. Each of these cases reinforced the principle that property owners are not liable for injuries resulting from open and obvious conditions.
Judge John Parnofiello, presiding over the case, found the arguments presented by the Kelley Kronenberg team compelling. In a decisive victory for their client, the judge granted the motion for summary judgment. This ruling effectively dismissed the case, shielding the client from a potential $650,000.00 liability.
This case serves as a powerful reminder of the importance of the “open and obvious condition” defense in premises liability cases. It underscores that while property owners must maintain safe premises, they are not insurers of their patrons’ safety, especially when it comes to conditions that are clearly visible and not inherently dangerous.
This victory highlights the expertise of Kelley Kronenberg’s General Liability and Third-Party Insurance Defense Division, showcasing our capability to handle challenging premises liability cases with skill and success.
To learn more about how Kelley Kronenberg’s General Liability and Third-Party Insurance Defense team protects clients from unwarranted claims in complex premises liability cases, and how we can assist with strategic defense in various retail and commercial settings, click here.