Summary Judgment: Polk County, FL (Premises Liability)

Tampa Partner, Amy Ray, recently obtained summary judgment in a premises liability matter on behalf of an apartment complex in Polk County, Florida.

This case involved a minor child that was hit by a car while playing unsupervised in the parking lot of the defendant apartment complex. The Plaintiff mother alleged that but for the recent removal of a speed bump in the area the accident occurred, the accident and her child’s subsequent injuries could have been prevented.

Record evidence showed that there were multiple speed bumps, cautionary signs, and other speed control methods implemented throughout the property, despite the fact that there is no code or standard for the placement or removal of speed bumps, and it is well established that an apartment complex does not have a duty to install or use speed control devices of any type.

We moved for summary judgment citing this lack of duty, and also that the driver of the car was the direct and proximate cause of the injuries to the minor Plaintiff, not the apartment complex. The Court agreed, and summary judgment was granted.

Congratulations, Amy, on this excellent outcome.