Beasley v. Wells Fargo Bank, N.A. and Lilac Group-Sanford, LLC

Tim Kazee and Matthew Bernstein (Deland, FL) (Appeal) The Plaintiff parked in the drive thru lane of our client, Wells Fargo bank.  Plaintiff then walked across the street to a bar. Upon returning to his vehicle, he was shot in the head. Plaintiff survived and filed a premises liability lawsuit in federal court against the bank and the alleged owner of the premises, Lilac-Group Sanford, for negligent security. Ownership and control of the bank parking lot was disputed. First responders found a firearm in Plaintiff’s sweater and drugs near his person. Plaintiff testified he could not remember anything about the night of the incident due to his injuries. On behalf of Wells Fargo, we moved for Summary Judgment on the bases that (1) Plaintiff (a convicted felon) was engaged in the commission of a felony at the time of the incident by possessing a loaded firearm and drugs at the time of the incident; and (2) Plaintiff was an uninvited licensee and the defendants did not breach any such duty owed to him. Plaintiff argued there was no forensic proof the gun or drugs were his (such as fingerprints or DNA) and that he was a public invitee of the premises, for which Wells Fargo owed him a greater duty than that of an uninvited licensee. The district court agreed with Wells Fargo’s arguments and entered Summary Judgment in Wells Fargo’s favor. Plaintiff appealed to the 11^th Circuit Court of Appeals. Vernis & Bowling of Central Florida handled the appeal and the appellate court affirmed the federal trial court’s Summary Judgment in favor of Wells Fargo.