FOR IMMEDIATE RELEASE
November 2, 2022
Contact: Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023
Email: eboyer@qpwblaw.com
David M. Tarlow
QPWB DEFENDS MEDICAL TRANSPORT COMPANY, WINS SUMMARY JUDGMENT – PLAINTIFF CLAIMED FALLING OUT OF VEHICLE AND
SUSTAINING SEVERE INJURIES
PALM BEACH COUNTY, Fla. ― David M. Tarlow, managing partner of QPWB’s Fort Lauderdale office, won summary judgment on behalf of his client, a non-emergency medical transportation company.
On March 11, 2021 Plaintiff was working as an LPN for a company called Superior providing services to a patient. Plaintiff testified that when her patient had medical appointments, they would use a transport van. Plaintiff testified that during the week of March 11, 2021 she observed a brick mailbox that was in rubble for the home located next to her patient. Plaintiff stated “it was there for about a week I think for their trash to get them because the other neighbor that used it, they tried to break it in pieces and then they left it for the garbage to pick up. I think that’s what it was.” Plaintiff further testified that on the date of the alleged incident she observed bricks on a portion of her patient’s driveway.
During the trip from the patient’s home to the doctor’s office, there were no problems. When returning to the patient’s residence, Plaintiff testified that the driver parked “right in the front, close by the neighbor that had the broken bricks that were on the floor for the garbage to pick up.” Plaintiff testified that when the driver parked, the driver opened the passenger side door of the van, and she was told to leave. Plaintiff alleged she stepped out of the van and fell on the bricks.
Plaintiff filed a one-count negligence Complaint against the Defendant for personal injuries allegedly sustained when Plaintiff was caused to “fall out of the vehicle,” and which caused severe permanent injuries to the Plaintiff, including a fracture of her right ankle, which necessitated surgical repair with fixation placement.
Defendant’s motion for summary judgment was granted. Plaintiff was unable to meet her burden: the decision based on material issue as to whether plaintiff was directed to descend on a pile of rubble and causing her harm, with insufficient evidence to support plaintiffs’ claims.
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David M. Tarlow is the managing partner of the Fort Lauderdale office. He is an expert in civil litigation and is Board Certified in Civil Trial Law by the Florida Bar Board of Legal Education and Specialization and by the National Board of Trial Advocacy in the area of Civil Trials. His practice includes all aspects of insurance and general liability defense, product liability, wrongful death, personal injury defense, premise liability, automobile liability, negligent security, legal malpractice, and insurance coverage disputes and bad faith litigation. Tarlow received his law degree from the University of Miami School of Law in 1991. He is admitted in the U.S. District Court for the Southern and Middle Districts of Florida, Eleventh Circuit Court of Appeals, and the United States Supreme Court.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and woman owned law firm in the nation. Our lawyers provide representation in litigation, business, real estate and governmental law.