Avishay Rubin v. Wells Fargo Bank, N.A.

Ashley Landrum (N. Palm Beach, FL) (Property Damage) obtained a Defense Verdict in the case of Avishay Rubin v. Wells Fargo Bank, N.A. Plaintiff alleged that the yellow bollards in the drive-through lanes were improperly placed too close to the edge of the curb which damaged his car as he was exiting the lane. He further alleged that Wells Fargo had notice and knowledge of the issues with its bollard placement causing damage to its customer’s vehicle because of the scrapes and marks present on the bollard after the incident occurred. His arguments were countered by presenting evidence that the yellow bollard was an open and obvious condition, nothing was present to obstruct his or other customer’s view of the bollard, Plaintiff saw the yellow bollards as he entered the drive-through and was aware of their placement in front of and behind the depository equipment, and that this location has never had an issue with or claimed damage to a customer’s vehicle caused by the bollard. Further, the bollards’ presence was to protect the drive-through equipment, which necessitates a bollard in front of and behind the drive through equipment. After hearing all of the evidence, the Court rendered a Defense Verdict.