William G. Hyland Jr. (Deland, FL) (Premises Liability) obtained a Voluntary Dismissal with prejudice after filing a Motion for Summary Judgment and Memorandum of Law, in a case in which the Plaintiff demanded more than $1,000,000.00 in damages. The Plaintiff alleged that on May 15, 2019, while loading his vehicle with items purchased at a Lowe’s store located in Leesburg, FL, he was confronted by an “infestation of agitated wasps” that appeared to nest and/or originate from nearby sheds on display in Lowe’s parking lot. He then stepped into a divot or pothole on the parking lot asphalt surface, which caused him to fall to the ground. The incident was captured on store surveillance.
As a result of the incident, the Plaintiff claimed severe injuries to his knees, hip, and back, and he underwent multiple injections incurring $50,000.00 in medical bills. The Defense moved and filed for Final Summary Judgment and was able to obtain the deposition testimony of the former store manager who actually witnessed the fall. The former manager testified that the Plaintiff stumbled while losing his balance in the parking lot, after he backed up while not looking where he was going, waving his arms from the attack of “bees.” He did not fall on any pothole or divot in the parking lot. The former employee also testified that the plaintiff advised that a “bee” flew out of his car trunk, causing him to go backwards. This was confirmed by videotape of the incident. After filing an extensive Motion for Summary Judgment with case law, seeking attorney fees and costs, arguing “intervening cause” and lack of actual or constructive knowledge of any dangerous condition, as well as the testimony of the former store manager, Plaintiff counsel filed a notice of Voluntary Dismissal with prejudice on 5/5/2023.