FOR IMMEDIATE RELEASE
July 27, 2020
Contact:Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
COURT FINDS NO CLAIMS EXIST TO SUSTAIN CHARGES SET BEFORE DEFENDANTS ― GRANTS MOTION FOR FINAL SUMMARY JUDGMENT
Premises Liability Defense
ORLANDO ― Deborah L. Moskowitz, managing partner of the Orlando office of Quintairos, Prieto, Wood & Boyer, P.A., obtained a final summary judgment in the defense of a slip and fall negligence claim brought against her clients, S/C Orlando Development LLC and Orlando Vineland PO, LP. The Plaintiff visited a retail store at the shopping mall and fell in a puddle of water. Plaintiff’s granddaughter took a photograph of the floor near where the plaintiff fell. The parties did not dispute the veracity of the photograph. The plaintiff’s own testimony made it undisputed that she fell inside the store premises.
In precedence cases, Florida courts hold owners of real property are neither an insurer of the safety of persons on the property, nor subject to strict liability of injuries. In this case, as per lease agreement, the tenant of the property had complete possession, control, and responsibility for the upkeep and maintenance of the premises. The lease specifically provides that the landlord shall have no responsibility in any respect for damages to property of tenant caused by water, flooding, waves or fluids except if caused by the negligence or willful misconduct on the part of the landlord or its agents.
Defendants Motion for Summary Judgment was granted by Circuit Court Judge, Honorable Lisa T. Munyon.
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Deborah L. Moskowitz is the Orlando office’s Managing Partner. She also practices from the Chicago office and 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 35 areas of practice. Our lawyers provide representation in litigation, business, real estate and governmental law.