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Date: 09-25-2023

Case Style:

Jackie Burgess v. Sam's East, Inc., d/b/a Sam's Club

Case Number: 2:22-cv-14074

Judge: K. Michael Moore

Court: United States District Court for the Southern District of Florida (St. Lucie County)

Plaintiff's Attorney:

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Defendant's Attorney: Julian Michael Smothers and Gregory Andrew Reed

Description: Fort Pierce, Florida personal injury lawyers represented the Plaintiff who sued the Defendant on a premises liability negligence theory.

This case was filed in the 19th Judicial Circuit Court, 2022CA000099AXXX, and was removed to federal court by the Defendant.

"Florida premises liability negligence law is based on the principle that property owners and occupiers have a duty to maintain their property in a reasonably safe condition and to prevent foreseeable accidents. This includes injuries caused by slip and falls, tripping hazards, defective stairs, inadequate lighting, and other dangerous conditions.

To succeed on a premises liability claim in Florida, the plaintiff must prove the following four elements:

The defendant owed the plaintiff a duty of care.
The defendant breached their duty of care.
The breach of duty caused the plaintiff's injuries.
The plaintiff suffered damages.

The duty of care owed to a plaintiff will vary depending on their status on the property. For example, property owners owe a higher duty of care to invited guests than to trespassers.

A breach of duty occurs when someone fails to act reasonably to avoid causing harm to others. For example, if a property owner knows or should have known about a dangerous condition on the property and fails to take reasonable steps to fix it or warn visitors about it, this may be evidence of a breach of duty.

The breach of duty must be the cause of the plaintiff's injuries. This means that the plaintiff's injuries would not have occurred if the defendant had not breached their duty of care.

The plaintiff must have suffered damages as a result of the defendant's breach of duty. Damages can include medical expenses, lost wages, pain and suffering, and property damage.

If the plaintiff can prove all four elements of negligence, they may be entitled to recover damages from the defendant. Damages can be recovered through a settlement or through a lawsuit.

Here are some examples of premises liability claims in Florida:

A customer slips and falls on a wet floor in a grocery store.
A tenant trips over a broken stair in their apartment building.
A child is injured by a falling tree branch on a homeowner's property.
A visitor is attacked by a dog on a property owner's land.

Florida premises liability law also includes a number of important defenses. For example, defendants can argue that the plaintiff's own negligence contributed to his or her injury, or that the product was misused. Defendants can also argue that the premises liability claim is barred by the statute of limitations, which is the time period within which a plaintiff must file a lawsuit.

If you have been injured on someone else's property, you should contact an experienced premises liability attorney to discuss your legal options."

Google Bard

Outcome: 09/25/2023 69 NOTICE of Settlement by Jackie Burgess. Attorney Paul Robert Shalhoub added to party Jackie Burgess(pty:pla). (Shalhoub, Paul) (Entered: 09/25/2023)
09/25/2023 70 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Settlement. 69 . Therein, Plaintiff states that a settlement has been reached. See id. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure within thirty (30) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be dismissed and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of Court is INSTRUCTED to ADMINISTRATIVELY CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 9/25/2023. (mh02) (Entered: 09/25/2023)

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