FOR IMMEDIATE RELEASE
April 9, 2010
| Contact: Eric W. Boyer, Esq. Managing Partner 305-670-1101 Ext. 123 Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it |
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QPWB GETS DEFENSE VERDICT FOR COMMERCIAL PROPERTY OWNERS
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FT. LAUDERDALE, Fla. – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) trial attorneys Steven M. Lury and Timothy D. Kenison obtained a defense verdict on behalf of Weingarten Realty Investors, the owners of a commercial property, in a matter involving a landlord /tenant dispute, where the plaintiff sued the property owner for negligence as a result of a fall from a fixed ladder, causing him to sustain a fractured shoulder and two broken teeth.
The plaintiff, a shopping center tenant operating a restaurant, alleged that due to a malfunction with his refrigeration units, he decided to climb to the rooftop and “troubleshoot” the problems. The tenant used his own ladder in order to reach the building’s ladder which was permanently mounted and affixed to the side of the building, and elevated approximately seven feet off the ground.
The Plaintiff alleged he slipped on a greasy ladder rung while getting off his ladder and stepping onto the building’s ladder. He alleged grease had been intentionally applied to the rungs of the permanently affixed ladder in order to prevent vandals from climbing it, gaining roof access and causing damage to the building.
Photos, allegedly taken on the day of the accident, show grease on the hands of a restaurant employee who also testified that he jumped up and grabbed the first rung of the ladder in order to demonstrate its greasy and slippery condition. The defense denied placing any substance on the ladder and testified knowledge of kids on the roof on one occasion, six months prior to the incident. The plaintiff also provided pictures of footprints, leading away from the incident site, which they alleged were the footprints of the plaintiff as he made his way to his wife's car for the drive to the hospital.
The defense showed two contradictory and conflicting elements: The medical records proved inconsistent with the plaintiff’s account of where the fall occurred. In particular, one record stated the fall occurred at home and another indicated the fall occurred in the plaintiff’s restaurant. Additionally, the timing on the records contradicted the recollection of both the plaintiff and of his wife.
During the four day trial the plaintiff’s counsel requested $280,000.00 in compensatory damages. After approximately one hour of deliberations, the jury returned a defense verdict for Weingarten Realty Investors.
About QPWB
Quintairos, Prieto, Wood & Boyer, P.A., is a full-service business law firm with more than 100 attorneys collaborating across major practice areas in seven offices located throughout Florida, including Miami, Fort Lauderdale, Fort Myers, Tampa, Orlando, Jacksonville and Tallahassee. QPWB provides comprehensive legal services to individuals and organizations of all sizes in local, state, national and international matters.
