Summary Judgment: Miami-Dade County, Florida (Negligent Security)

Miami Partner, Marlene Brito, Esq., recently obtained summary judgment on behalf of a national retail warehouse club in Miami-Dade County.

This was a negligent security case in which Plaintiff was assaulted in the store parking lot by a third party. Plaintiff alleged our client, the warehouse club, failed to have proper security measures in place, and as a result, he claimed a concussion, jaw dislocation, memory issues, blurry vision and neck and back pain. Plaintiff argued that the incident was foreseeable, and cited to numerous prior criminal incidents that had occurred at the property to support his claim.

The subject incident took place in the parking lot before plaintiff entered the store, and lasted less than two minutes in its entirety. The Court agreed with our argument that the incident was sudden and unforeseeable, and granted summary judgment in our client’s favor.

This ruling triggered our Proposal for Settlement, and our client will now be entitled to seek fees and costs dating from December 2024.

Congratulations Marlene on this excellent work.