FOR IMMEDIATE RELEASE
November 8, 2022
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB DEFENSE GETS FINAL SUMMARY JUDGMENT ON BEHALF OF
RESIDENTIAL PROPERTY HOLDING COMPANY
MIAMI – QPWB partner Reginald J. Clyne and associate Chanelle Artiles, received final summary judgment on behalf of their client, a residential holding company in the representation of the owners and managers of a multi-family residential building in Miami, Florida. Plaintiff had suffered catastrophic injuries in the accident, including brain damage.
On January 17,2020, the plaintiff was involved in a collision with a City of Miami Fire Department emergency vehicle at the intersection of Northeast 4th Court. CCTV video demonstrates the plaintiff, who was travelling northbound on a motor scooter, drove into the intersection where other motorists had yielded to the fire truck with lights and siren running. The plaintiff testified he often drove through that intersection multiple times per week.
.Eleven months after the collision, the plaintiff filed a one-count negligence suit against the residential holding company for alleged “vegetative growth” consisting of a shrub on the defendant’s property, claiming it as the cause of the collision with the City of Miami fire truck. The hedge alleged blocked the view of the motorist. The plaintiff testified, on numerous occasions, he had “no recollection of the accident or the events that took place” due to his head trauma.
The defendant submitted an undisputed affidavit stating the property in question had never received any citations or any other notices or ordinance of violations for landscaping features of hedges, foliage, or vegetation. Miami Police Department photographs taken at the scene of the accident establish there was a clear view of the intersection and of the incoming fire truck, travelling westbound, when the plaintiff collided with it. Based on the record submitted:
- It is undisputed that the City of Miami fire truck ran the red light and did not follow City of Miami Fire Department procedures when entering an intersection.
- Testimony and documentary evidence show that the motorist had an unobstructed view of the public roadway with no shrubs impeding the motorist’s view of the public roadway.
- Plaintiff’s injuries were a direct result of his collision with the City of Miami fire truck as it was midway through the intersection.
Defendant was granted final summary judgment after the trial court found the proximate cause of the plaintiff’s injuries was the Fire Truck running the red light. According to Florida’s updated summary judgment standard: “There must be evidence on which the jury could reasonably find for the plaintiff.” Here, the trial court found plaintiff’s cause of action could not survive since there is no evidence from which the jury could conclude that the shrub on the defendant’s property caused the plaintiff’s injuries.
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Reginald J. Clyne, a partner in the Miami office and Chair of the Employment Practice Group, practices in state and federal courts focusing on employment law, commercial litigation, product liability, toxic tort, automobile negligence, construction litigation, contract disputes, Dram Shop Act, Title VII, Section 1983, whistleblower acts, non-compete violations, product liability, and resort and tour accident. He served as an arbitrator for the American Arbitration Association on the Employment and Commercial Law Panel. Mr. Clyne received the AV® Preeminent™ designation rating from Martindale Hubbell Law Directory and is included in the annual listings of Top Lawyers in South Florida, Top Lawyers in Florida, and Super Lawyers®. He received his law degree from Duke University School of Law and a Master of Public Policy from the Sanford School of Public Policy at Duke University in 1986. He is admitted to practice in Florida. Mr. Clyne has lived in Africa, Brazil, Honduras and Nicaragua; he is fluent in Spanish and has a knowledge of Portuguese.
Chanelle Artiles is an associate in the Miami office practicing a variety of commercial litigation and other complex civil matters in federal and state courts nationwide. Her practice areas include civil rights discrimination, business and contractual disputes, labor and employment, premises liability, products liability, toxic tort and environmental exposures, general liability, insurance coverage, and other high value claims. Ms. Artiles was featured in Best Lawyers: Ones to Watch in 2022 and 2023. She received her J.D. from Florida International University College of Law in 2017 and a B.A. in Finance and International Business in 2011 from Florida International College of Business. She is fluent in Spanish.About QPWB
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.