FOR IMMEDIATE RELEASE
June 26, 2019
Contact:Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
SUMMARY JUDGMENT GRANTED IN WRONGFUL DEATH CASE
Premises Liability/Wrongful Death
FORT LAUDERDALE ― David M. Tarlow, managing partner of the Fort Lauderdale office of Quintairos, Prieto, Wood & Boyer, P.A., was granted a motion for final summary judgment on behalf of a Shop-N-Save convenience store owner in a premises liability and wrongful death case where a customer was fatally robbed outside of the property.
The client is the owner of a commercial parcel of land and structure operating as a convenience store under the name of Shop-N-Save. The area where the Shop-N-Save is located is within a low income housing area with a higher crime rate as compared to other areas within the City of Fort Lauderdale. In the past, undercover officers have performed numerous undercover drug buys in the parking lot and within the rear of the Shop-N-Save. Additionally, for the several years prior, including within several months of the subject incident, there had been several attempted murders, armed robberies, shootings and other crimes of violence on the property of the Shop-N-Save.
On December 9, 2016 the Decedent went to the Shop-N-Save for the sole purpose of getting change for a $100 bill. The Decedent wanted to get five twenty dollar bills. Despite living two blocks away from the Shop-N-Save, the Decedent had called and requested that his girlfriend drive several miles in order to pick him up and drive him to the Shop-N-Save. The girlfriend picked up the Decedent and drove and parked at an apartment complex located directly behind the Shop-N-Save. The Decedent then walked a dirt path connecting the properties and entered the Shop-N-Save.
Upon leaving the Shop-N-Save, Decedent began walking on the dirt path when he was approached with the robbery. The Decedent refused to turn over his money and a physical fight began. The Decedent fell, or was pushed to the ground, and was then shot four times killing him on scene. The client was sued for:
- Failing to provide adequate security
- Failing to warn invitees of possibility of criminal activity in the area
- Failing to hire security guard(s)
- Failure to have security cameras on the outside of the building
- Failure to have any security procedures in place
QPWB was the third law firm to defend the client. By the time QPWB’s Notice of Appearance was filed, Plaintiff had served a Proposal for Settlement for a seven figure dollar amount. Seeing what other law firms representing the client didn’t see, a Motion for Final Summary Judgment was successfully brought arguing: “Premises liability is not predicated on ownership of property; instead, the duty to protect others from injury resulting from a dangerous condition on the premises rests on the right to control access to the property.”
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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. 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.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women owned law firm in the nation with more than 400 lawyers serving clients from 23 offices in the United States 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.