Summary Judgment: Manatee County, Florida (Premises Liability)

Sarasota Associate Dalton Tritschler recently obtained summary judgment on behalf of an apartment complex in a premises liability case in Manatee County, Florida.

Plaintiff alleged that he tripped on a step-down in the outdoor common area of his apartment complex. He filed suit against our clients, claiming they failed to maintain the premises and that the step down was a dangerous condition that caused his fall and injuries. Plaintiff alleged that he suffered a traumatic brain injury and a neck injury from the fall.

At Plaintiff’s deposition, he was not able to testify conclusively as to where he fell or what caused the fall, nor did he provide any evidence that the step-down or the surrounding areas was in any state of disrepair. We moved for summary judgment on the grounds that a difference in floor levels is not an inherently dangerous condition, and Plaintiff had failed to establish that our clients breached their duty of care in any way. The Court agreed, and entered summary judgment in our client’s favor.

Congratulations Dalton on this great work.