Another Win For MSZLM’s Premises Liability Team
Oct 22, 2021 - About the Firm by Steven J. Mitchel
Florida associate Connor Milo, a member of MSZLM’s Premises Liability Practice Group, obtained summary judgment in favor of our gas station convenience store operator. Plaintiff claimed she sustained serious injuries when she slipped and fell on a foreign substance near a self-service gas pump. Plaintiff claimed that our client failed to properly maintain and inspect the area surrounding the gas pump and that it failed to warn of the dangerous condition. As a result of the fall, Plaintiff alleged that she sustained serious permanent injuries that required surgical intervention at a cost of over $60,000. The multinational corporate licensor who leased the convenience store to our client also brought claims against our client as a result of this fall. It claimed that our client was responsible for maintaining the area where Plaintiff fell. Our client maintained that was outside the scope of its contractual obligations.
Through discovery, Mr. Milo developed evidence to support our client’s arguments that (a) it did not have actual or constructive notice of the allegedly dangerous condition; and (b) even if it did, the fall occurred outside of the leased premises that our convenience store operator rented from the multinational corporation. Plaintiff and the corporate licensor both vigorously opposed the Motion. They argued that the incident occurred within the leased premises and that our client shirked its duty to inspect and maintain the area where patrons pump gas.
After hearing argument of counsel for all parties and considering the evidence presented, the Court agreed with Mr. Milo’s arguments and granted Summary Judgment for our client on all points.