Case Dismissed! Great work, Hayley!

Case Dismissed! Great work, Hayley!

Case Dismissed! The Court dismissed Plaintiff’s complaint on a premise liability case, upon motion by Partner, Hayley Lewis Folmar. The Plaintiff alleged a trip hazard “in the middle of the walkway,” but claimed Defendant had a duty to warn on “concealed perils” which were unknown to Plaintiff.  The court ruled the trip hazard could not be both a “concealed peril,” and “in plain sight in the middle of the walkway.” Citing to case law that “contradictory allegations within a single count neutralize each other and render the count insufficient on its face,” Peacock v. General Motors Acceptance Corp. 432 So. 2d 142 (Fla 1st DCA 1983), the Court dismissed the complaint.

Great work, Hayley!

#legalsuccess, #motiontodismiss #civilliability #premiseliability #employerdefense