RomanR/Shutterstock.comBuilding Entry Violated Code, Woman Claims After Fall
A bank manager blamed a difference in the pavement height between a condo building and the sidewalk.
March 16, 2020 at 12:26 PM
1 minute read
PREMISES LIABILITY
MIAMI-DADE CIRCUIT COURT
A jury awarded $648,000 to a woman who fractured an ankle when leaving a mixed-use building in Coral Gables.
Bank manager Audrey Otero, 56 at the time of her October 2017 fall, claimed she fell as a result of a dangerous difference in elevation that violated the building code between the building entry and the abutting sidewalk. Otero underwent surgery but said she suffers ongoing pain and will require ankle replacement surgery.
The defense contended the elevation change was an open, obvious condition that Otero should have avoided, but the jury placed 90 percent of the fault on the building owner. It assessed damages of $720,000, but that figure was reduced by 10 percent to $648,000 to reflect Otero's share of liability.
Case: Otero v. 1300 Ponce Condominium Association
Case No.: 2017-029454-CA-01
Plaintiffs attorneys: Monica Benitez, Monica Benitez Law, Miami; and Theodore J. Fournaris, Fournaris & Sanet, Miami
Defense attorneys: Kristina Alexander and Joseph DiSpaldo, Sioli Alexander Pino, Miami
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute read
Divided State Court Reinstates Dispute Over Replacement Vehicles Fees
5 minute read
Second Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute read
'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Trending Stories
- 1Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 2'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 3Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
- 4As a New Year Dawns, the Value of Florida’s Revised Mediation Laws Comes Into Greater Focus
- 5Managing Partner Vindicated in Disciplinary Proceeding Brought by Former Associate
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
