Summary Judgement Victory
Rissman attorney, Josef Hess, recently obtained summary judgment in a case where the plaintiff alleged that she brought her vehicle to an auto dealer for repairs.
As she was driving her car home, it began to shake uncontrollably, was damaged, and caused injury to the plaintiff. She alleged that the auto dealer conducted a faulty repair of her vehicle which led to her injuries. Through discovery, Josef was able to prove that the area of her vehicle serviced by our client was not the area from which the shaking/damage originated, and the plaintiff was forced to admit such in her deposition.
Josef’s motion cited, and the Court relied on Great Southern Peterbilt, Inc. v. Geiger, 616 So.2d 1127 (Fla. 1st DCA 1993), where the 1st DCA evaluated a similar set of facts and held that a directed verdict should have been entered for the defense.
The defense previously filed a proposal for settlement and is thus entitled to attorney’s fees and costs pursuant to the proposal.
