Timothy Kazee (Deland, FL) (Premises Liability) obtained a defense arbitration award and final judgment. The case was pending in Volusia County Circuit Court. Before trial, the Court referred the case for mandatory arbitration. The case arose from a physical altercation between residents of a senior apartment housing facility in Daytona Beach. The offending resident entered the apartment of his neighbor (the Plaintiff) while wielding a firearm. A physical altercation lasted several minutes in the apartment and hallway, the firearm discharged, and the offending resident suffered a fatal gunshot.
The Plaintiff alleged that the offending resident (decedent) had a history of harassing conduct and that the Defendant facility/management company knew or should have known of his propensity and likelihood to cause harm. On behalf of the facility and management company, Vernis & Bowling established through management records, video, and testimony, that there were no prior threatening communications between the offending tenant and Plaintiff or with any other resident, that the facility had onsite security but that the protocol would be to call law enforcement rather than engage, and that there was no evidence the facility or management breached any duty of care to the Plaintiff. The arbitration award was in favor of the Defense, and upon motion by the Defense, the Court enforced the arbitration order. The Court retained jurisdiction on Defendant’s pending motion for attorneys’ fees and costs for the facility/management company against the Plaintiff.