Summary Judgment: Polk County, Florida (General Liability)

We represented a logistics and warehousing corporation in this claim brought by the Plaintiff, its employee, following a clamp lift truck collision which caused a catastrophic injury and leg amputation.

Plaintiff and his spouse filed their lawsuit in 2019. From the beginning of the case, we argued that our client was immune from tort liability under Florida Statutes section 440.11 because Plaintiffs could not demonstrate that our client committed an intentional tort under Section 440.11(b). Specifically, we argued that Plaintiffs could not show that our client engaged in conduct it knew was “virtually certain” to result in an injury or that the Plaintiff, as an employee, was unaware of the risk of danger because it was hidden.

We filed a Motion for Summary Judgment and argued that Plaintiffs could not prove the necessary elements under Section 440.11(b) to overcome our client’s immunity. The Court agreed and granted our Motion, disposing of a case nearly five-years-old.

Additionally, Plaintiffs rejected proposals for settlement allowing our client to pursue both attorneys’ fees and costs.