Negligence – Premises Liability
Raymond Kendrick v. Edgewater Beach Resort
Bay County Case #86-1679-CA
Mr. Higby and Mr. Bryant defended Edgewater Beach Resort in this Quadriplegic Dive case where the plaintiff suffered a broken neck after diving into the Resort pool from a lifeguard stand. The case was originally disposed of on Summary Judgment and was appealed to the Florida Supreme Court. The matter was reversed and returned to the Trial Court in Bay County for a two-week jury trial. Plaintiff contended the Resort did not have adequate Lifeguards, a proper pool permit, and that the pool was negligently designed and dangerous. Plaintiff asked the Jury for over $14 million. The Jury sided with the Resort and the Firm’s insurance client, Fireman’s Fund Insurance ended up paying less than $150,000.00 after offering over $800,000.00 before Trial.
David Jordan v. Chateau Motel
Bay County Case #90-2641-CA
Mr. Higby defended this Pool Diving accident where the plaintiff dove into the shallow end of a Hotel swimming pool on a 4th of July weekend. The plaintiff suffered a broken neck and was rendered a quadriplegic. Through discovery, Mr. Higby located a photograph from a fellow guest showing the plaintiff sitting by the pool’s edge drinking a Budweiser Beer right next to a three foot Depth Marker. While the plaintiff had denied knowledge of the depth of the pool or prohibitions on diving in the shallow end of the pool, the photos and witness statements severely impeached the plaintiff’s case. The case settled for a confidential amount just before Trial.
Estate of McCloud v. Jacksonville Aviation Authority
Duval County Case #16-2012-CA-004576
Mr. Higby and Mr. Barr defended this premises liability case involving a shooting and murder at a Sweet Sixteen Birthday Party hosted at the Jacksonville Airport Clarion Hotel. The Jacksonville Aviation Authority owned the Hotel Property. The Clarion Hotel, through Fireman’s Fund Insurance Company, agreed to indemnify the Jacksonville Aviation Authority. Plaintiff sued the Jacksonville Aviation Authority and claimed they had a non-delegable duty to provide security and premises that were safe. In discovery, it was determined that the Shooter and the Decedent had an extensive prior relationship dealing guns and drugs, and the shooting was a revenge killing. Mr. Higby made a $200.00 Offer of Judgment after taking the deposition of the Plaintiff’s expert on liability. Plaintiff’s counsel accepted the $200.00 settlement after two years of hotly contested litigation rather than risk exposure for attorney’s fees and costs.
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