Timothy Kazee (Deland/Central FL) (Negligence) obtained a Final Summary Judgment in a negligence action pending in Polk County Circuit Court. Plaintiff claimed he was injured while receiving at his residence a shipment of multiple boxes of medical supplies. The multi-year course of dealing between Eagle Express Couriers and the Plaintiff involved two delivery methods. However, on this occasion, the Plaintiff requested the delivery driver to hand the packages to him over a railing while the Plaintiff stood on his porch. Plaintiff claimed the Defendant negligently placed the box on the railing or negligently dropped the 25-pound box while the Plaintiff’s back was turned such that it struck his leg, causing serious injuries and vascular damage. The Defendant testified the Plaintiff dropped the box onto himself. On causation, the Defendant obtained evidence that, contrary to Plaintiff’s testimony, he had a history of same or similar vascular issues and subsequent medical reports made no mention of the subject incident.
Plaintiff argued the conflicting versions of events precluded Summary Judgment and that Plaintiff’s own testimony of injury established causation. In granting Defendant’s Motion, the Court found that Plaintiff dictating the method of delivery and admission that he did not know how the box fell was insufficient to survive Summary Judgment. The Court found that conflicting versions of events did not defeat Summary Judgment because, under either theory, there was insufficient evidence of negligence. On causation, the Court found that the recorded evidence of pre-existing conditions and then subsequent lack of mention of incident or correlation disproved mere allegations of causation. The result was a team effort, with accolades to the efforts of Ashley Smith (paralegal). The Court retained jurisdiction on Defendant’s pending motion for attorney’s fees and costs based upon two proposals for settlement.