Michelle J. Kane - Vernis & Bowling

Michelle J. Kane, Esq.
Attorney
Vernis & Bowling of the Florida Keys, P.A. Islamorada Professional Center - 3rd Floor 81990 Overseas Highway Islamorada, FL 33036
Phone: (305) 664-4675
Email: MKane@Florida-Law.com
Fax: (305) 664-5414
Website: www.national-law.com
V-Card Email

Verdicts and Dispositions

Chadley Morris v. All County Towing, Inc. La Mirage Homeowner’s Association Inc., and Progressive Direct Insurance Company
Michelle Kane (Islamorada, FL) (Property) obtained Summary Judgment in a third-party claim for All County Towing, Inc. on an alleged violation of the Wrongful Non-Consensual Towing statute 715.07 and local ordinances, as well as, on claims for negligence. Plaintiff, Chadley Morris, was visiting a friend in a HOA community when his vehicle was in the process of being towed for his violation of the parking rules. In an attempt to stop the tow, Mr. Morris entered his vehicle already hoisted on the tow truck wheel lift where he started the car and put it in reverse. As a result, the car fell off the lift and toppled over causing damage to the vehicle and alleged personal injuries. The Plaintiff alleged the property damage and personal injuries were caused by the tow company violating the Florida towing statute and local ordinances, as well as, by the negligence of the tow truck operator. A primary issue in the case was whether the tow commenced before 1:00 a.m. in violation of the HOA rules and consequently in violation of the applicable statutes and local ordinances. During the discovery phase, the Plaintiff failed to produce evidence of the alleged illegal tow. In addition, the Plaintiff was found to be in violation of multiple court orders regarding discovery violations. Ultimately, the case proceeded to a hearing on All County’s summary judgment motion. The court ruled in favor of All County on the merits of the claim and its defenses. The court found that the statute and ordinances did not create a private right of action and that there was no evidence of an illegal tow. In addition, the court also ordered the case dismissed with prejudice for Plaintiff’s multiple discovery violations.

Areas Of Practice

Automobile Liability (PIP/PD/BI/UM)
Family Law
Premises Liability
Uninsured/Underinsured Motorist Liability

Bar & Court Admission

Florida Bar
United States District Court for the Southern District of Florida

Education

Graduate:
Nova Southeastern University, Shepard Broad Law Center, J.D.
Undergraduate:
Florida Atlantic University, B.A. Multimedia Journalism

Michelle was born in Toronto, Canada but has called Florida home since she moved to South Florida in 2002. In 2005 she graduated from Florida Atlantic University in Boca Raton, Florida with a Bachelor of Arts in Multimedia Journalism and a minor in Political Science. She later attended Nova Southeastern University’s Shepard Broad Law Center in Fort Lauderdale, Florida and earned her Juris Doctorate in 2009. During law school, Michelle was recognized by the Pro Bono Honor Society for exemplary service within the legal community.

Since being admitted to the Bar in 2011, Michelle handled First Pary Plaintiff no-fault litigation cases representing multiple providers across South Florida. Since joining Vernis & Bowling of the Florida Keys, she represents insurance companies, governmental entities and individuals in areas of commercial litigation, family law, probate law and estate planning. Michelle is a Florida Supreme Court Certified Circuit Civil, County, and Family Mediator. Additionally, Michelle has also received her certification in Elder Law Mediation Training.

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