FOR IMMEDIATE RELEASE
June 19, 2018
Contact:Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB OBTAINS MOTION FOR SUMMARY JUDGMENT – PROVES BUSINESS
OWNER HAD NO POSSESSION OR RIGHT TO CONTROL ACCESS OF PREMISES BY THIRD PARTIES
FORT LAUDERDALE ― Quintairos, Prieto, Wood & Boyer, P.A., (QPWB) partner Michael J. Wood, obtained a final summary judgment in the defense of a claim for negligence and negligent security against the owner of a portion of a parcel of land whereupon a shooting occurred behind the convenience store located on part of the property. There was no lease agreement with this owner and the convenience store.
The plaintiff alleged to have been shot three times while operating a car wash behind the convenience store. He alleged that as an owner of the property they owed a non-delegable duty to maintain the premises and property in a reasonably safe condition so as to prevent injury of the type suffered by the plaintiff.
Despite evidence that the plaintiff was conducting criminal activity at the property, he denied the allegations at his deposition. Summary judgment was sought under the basis that as an owner of only one-quarter of the parcel of land where the shooting occurred, a duty was not owed as this particular owner was not in possession or control of the subject premises at the time of the incident and did not control the right to access the premises by third parties. The duty to protect others from injury resulting from a dangerous condition on the premises does not rest on legal ownership but on the right to control access by third parties which usually exists in the one who is in possession and control. Plaintiff filed an opposition to the defense’s Motion for Summary Judgment.
After reviewing memoranda from both parties and oral argument from QPWB, the Court found there was no genuine issue of material fact on who controlled the right to access the premises and therefore the corresponding duty owed fell upon the convenience store and not the QPWB client.
Michael J. Wood is a partner in the Fort Lauderdale office he focuses his practice in the areas of automobile liability, premises liability, and first-party and third-party insurance coverage claims.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women owned law firm in the nation with more than 360 lawyers serving clients from 21 offices in the United States and abroad across a spectrum of industries in over 40 areas of practice. Our lawyers provide representation in litigation, business, real estate and governmental law.