Lydecker Secures Summary Judgment Victory in Negligence Action

The plaintiff brought a negligence action after allegedly falling into the opening of a wheelchair lift. She claimed that the second floor door opened even though the lift platform was not present and alleged that our client, the third party annual inspector, failed to remediate the condition or provide a warning after the lift failed a code inspection twenty nine days earlier.

Our defense maintained that the annual elevator inspector did not owe the alleged duty under Florida law. The team also strategically served a cost of defense Proposal for Settlement early in the litigation. Although the plaintiff continued pursuing the claim and later issued a demand near the policy limits, our attorneys prevailed on the Motion for Summary Judgment. As a result, we are now entitled to seek recovery of our attorneys’ fees.

Congratulations to Jamie Baboolal, Esq. and Jessica LaFaurie, Esq. on this outstanding result and their strategic advocacy on behalf of our client.

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