Felix Jordan and Marcha Louis as Natural Parents of minor v. Lana Kopec Enterprises et al.

Christopher Blain and Courtney Lucke (Tampa, Fl) (Premises Liability) obtained a Summary Judgment in this negligence action brought by the parents of a minor child who was injured on property owned by their client, who had leased the premises to a Daycare facility. The minor, who was an enrolled student at the Daycare, was injured while on the playground due to alleged overgrown foliage that struck his eye. As a result, the minor suffered extensive injuries to his eye, including almost complete blindness and the projection that he would ultimately have to have the eye removed in his lifetime. It was our position that the lease agreement between our client, the Landlord, and the Daycare, the lessee, indicated that the Daycare was responsible for maintaining the outdoor play area and that our client, Landlord, had no responsibility to inspect or maintain same, including the trees and other foliage in and around the play area. Plaintiff’s main argument was that the Landlord, being the owner of the premises, had a duty to inspect and maintain its premises and at least had shared responsibility with the Daycare to ensure it was safe for the students and other invitees. The Court, after hearing arguments, found in favor our client/Defendant (Landlord). Plaintiff’s last demand prior to this ruling was for $1 million.