Christopher Blain and Courtney Lucke (Tampa, FL) (Premises Liability/Appeal) were successful in obtaining a judgment and defending an appeal in a premises liability matter filed by the Plaintiff against Lowe’s. Plaintiff alleged that Lowe’s was negligent in that a stack of metal trash can lids reportedly fell onto Plaintiff as he was attempting to reach for the top lid for purchase.
Lowe’s denied having any knowledge of the alleged incident. During the discovery phase of litigation, Plaintiff provided various dates of when the alleged incident occurred and upon investigation, had been dishonest during numerous depositions and requests for verified information in relation to his prior accident and medical history. As such, the defense filed a Motion for Fraud on the Court which was granted at the trial level. Prior to hearing on this Motion, Plaintiff’s counsel at the time sought $1M to resolve the matter.
Plaintiff appealed the trial court’s ruling to the Fifth District Court of Appeal. Courtney Lucke prepared the Appellee Brief in response. The Fifth DCA not only upheld the trial court’s ruling but also, on their own accord, brought sanctions against Plaintiff/Appellant for bringing his frivolous appeal under Florida Statute 57.105. We are currently seeking fees and costs.
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