Timothy Kazee (Deland, FL) (Premises Liability) successfully defended a lawsuit pending in Volusia County Circuit Court. The Plaintiff was walking through a parking lot when she tripped and fell in a section of deteriorated surfacing allegedly causing injuries to her neck, back, shoulder, and upper and lower left-sided extremities. The Plaintiff brought a lawsuit against Volusia Retail, LLC and The Home Depot U.S.A., Inc. alleging liability for negligent ownership, operation, management, supervision, and maintenance of the premises. The Plaintiff further alleged the Defendants were both liable, alleging the parking lot of the shopping center was a common area of travel by invitees. The Plaintiff demanded $150,000.
Without the need to engage in expert discovery but, instead, using satellite imagery, real estate development records, lease agreements, and video from the Plaintiff herself, Volusia Retail, LLC demonstrated that Plaintiff’s fall did not occur on premises owned or controlled by it and that it had no duty to maintain the area, regardless of the allegation that the site was a common area. Based upon this detailed investigation and evidence obtained shortly after the first-notice lawsuit, the Plaintiff ended its pursuit of her claim against our client, Defendant Volusia Retail, LLC and agreed to include it within the final settlement release.