• Summary Judgment Granted In Leon County Negligence Case
  • August 18, 2017 | Authors: Benjamin J. Zimmern; Juan Fernandez
  • Law Firms: Galloway, Johnson, Tompkins, Burr & Smith A Professional Law Corporation - Tampa Office; Galloway, Johnson, Tompkins, Burr & Smith A Professional Law Corporation - Pensacola Office
  • Ben Zimmern and Juan Fernandez of the Firm’s Pensacola Office successfully obtained a summary judgment in a premises liability and negligent security lawsuit pending in Leon County. The Plaintiff was shot multiple times while on our client’s premises and suffered extensive injuries as a result. The Plaintiff was hospitalized for several days, incurred approximately $100,000 in medical bills, and suffered from lingering physical and psychological injuries. Before filing suit the Plaintiff demanded $1,000,000 and negotiations ended when the Plaintiff refused to accept a high five figure settlement offer, claiming they would never settle for less than $450,000.


    In litigation, a Motion for Summary Judgment was quickly filed with the court arguing that the firm’s client was not responsible for the Plaintiff’s injury. After extensive briefings and a lengthy hearing the court held that even giving the Plaintiff every reasonable inference there was no duty owed by the landowner to the Plaintiff and summary judgment was therefore proper.