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NEWS
FOR IMMEDIATE RELEASE
August 9, 2007
Contact: Eric W. Boyer, Esq.
Managing Partner/Operations
305-670-1101 Ext. 123
Email: eboyer@qpwblaw.com |
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APPELLATE COURT UPHOLDS SUMMARY JUDGMENT - FINDS MANAGEMENT CO. NOT BOUND BY SECURITY OBLIGATIONS UNDER ITS CONTRACT OR THE LANDLORD TENANT ACT
FT. LAUDERDALE, Fla., August 9, 2007 – Harold S. Stevens and Christy E. Brigman, trial attorneys in the Ft. Lauderdale office of Quintairos, Prieto, Wood & Boyer, P.A., obtained a Summary Judgment on behalf of Charter Realty Group, Inc., (Charter) in a premises liability action. The Third District Court of Appeal affirmed the ruling this week.
The case stems from the shooting of a resident in the common grounds area of a Section 8 apartment complex. In his complaint, the Plaintiff argued that Charter, the property manager of the complex, had a duty to provide security to the residents pursuant to the management contract entered into with the property owner.
The defense successfully argued on a Motion for Summary Judgment that Charter was not obligated to provide any type of security and could not owe a duty exceeding the scope of its contractual obligations. During the Appeal, the Plaintiff/Appellant argued that the management company should be held responsible under the Landlord Tenant Act, which requires the common areas of the property be kept in a safe condition; additionally, they argued that Charter was the party in control of the subject apartment complex at all times. After oral argument presented by Ms. Brigman, on July 18, 2007, the Third District per curiam affirmed the summary judgment.
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Quintairos, Prieto, Wood & Boyer, P.A., is a civil defense firm with a wide variety of litigation services for healthcare companies, healthcare facilities, physicians and other healthcare licensed professionals and their insurers. The firm’s Litigation Department also provides general liability defense for all businesses, insureds and insurance companies. Our practice groups and industry-based teams ensure clients have access to attorneys with the best expertise, regardless of location. QPWB maintains a tightly integrated network of seven fully staffed offices, six in Florida and one in Mississippi with attorneys licensed in several states.
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