Defense Verdict: Premises Liability (Miami-Dade County, FL)

Miami Partner Michael Kennedy recently obtained a defense verdict in a general liability case on behalf of a golf resort in Miami-Dade County, Florida.

This case arose from an incident in which the Plaintiff was struck in the side of the head by an errant golf ball while eating lunch on a resort restaurant patio that overlooked the greens of two different golf holes. The Plaintiff filed suit against our client, alleging negligent design and maintenance of the golf course, that the occurrence was reasonably foreseeable, and that the resort failed to warn of an unreasonably dangerous condition. She claimed extensive injuries as a result of the incident, including a traumatic brain injury resulting in bipolar disorder with psychotic episodes and PTSD, and a loss of consortium claim from her husband. Plaintiff’s counsel presented a life care plan in the amount of $9 million, and argued another $11 million in non-economic damages.

Michael tried this case along with co-defense counsel retained by the golf resort’s excess carrier. They argued that the golf course was designed and maintained properly, that there were no previous incidents of guests being struck and injured by a golf ball, and that there was no duty to warn. They further presented medical record evidence and expert testimony that the Plaintiff’s many post incident complaints of bipolar disorder with psychotic episodes, PTSD, cognitive decline, memory issues and other associated complaints were not the result of a TBI and predated the incident.

Multiple efforts to settle this case both before and during the trial were rejected by Plaintiff and her counsel. After eight days of testimony, the jury found no liability on the part of our client and returned a complete defense verdict.

Congratulations Michael on this excellent result.