FOR IMMEDIATE RELEASE
July 27, 2020
Contact:Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
ARBITRATION DEFENSE VERDICT FOR SENIOR RESIDENTIAL COMMUNITY
VOLUSIA COUNTY, Fla. ― Deborah L. Moskowitz, managing partner of the Orlando office of Quintairos, Prieto, Wood & Boyer, P.A., received an arbitration defense verdict for her client, an independent living and assisted living complex. The demand was brought by the personal representative of the deceased father who along with his wife were residents in the independent living section of a Volusia County senior residential community where they leased an apartment.
The independent living apartments of the community were not licensed as a nursing or health care facility. The residents represented at the time of contract that they were capable of providing their own health and personal care needs, or that they would make their own arrangements for those needs to be satisfied by some other unrelated entity.
On the date in question, the husband and wife visited the community’s pool. The husband fell while getting out of the pool and suffered a fractured hip. He was taken to the hospital, underwent hip surgery, and five days later discharged.
The pool did not have a lifeguard, and had a sign posted indicating “No Life Guard on Duty.”
Evidence was put forth that the pool was operating appropriately and was in compliance with State of Florida rules and regulations at the time in terms of its construction, maintenance and operation.
Plaintiff argued that the mode of operation of this swimming pool by the defendants in this particular setting was negligent. The defense asserted that no evidence showed that the defendants violated any duty owed to the husband and wife and no evidence existed that anything that defendant did or failed to do caused the husband’s fall. The arbitrator found there was insufficient basis to establish a breach of duty causing injury to the husband and rendered a full and final defense verdict.
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Deborah L. Moskowitz is the Orlando office’s Managing Partner and a Shareholder of the firm. She also practices from the Chicago office and is licensed to practice law in Florida, Illinois, Tennessee and Texas. Ms. Moskowitz handles premises liability, the defense of personal injury matters, and employment litigation. The fortitude of her practice consists in the defense of retail and restaurant establishments, car dealerships and health care professionals including: doctors, nurses, physical therapists, advanced registered nurse practitioners, hospitals, nursing homes, assisted living facilities and CCRCs. She also counsels businesses on structure, various aspects of operations and risk management. Ms. Moskowitz received her law degree from the Cumberland School of Law, Samford University in 1997.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women owned law firm in the nation with 23 offices in the U.S. 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.