Loretta Cephus v. Gator Heating and Air Refrigeration Ice Machines, LLC
Jul 15, 2014OUTCOME: Directed Verdict by Court for Defendant at Close of Plaintiff's Case
Marc Crumpton, Associate in our Tampa Office, obtained a directed verdict in favor of the Defendant during a jury trial in a negligence slip and fall case in Wauchula, Florida. Plaintiff, Loretta Ceph ... us, was a tenant in an apartment owned by a local property owner when she allegedly slipped and fell on water that had leaked from an air conditioning vent located inside the apartment on December 13, 2012. Prior to that date, on at least one occasion in November 2012, the defendant, Gator Heating and Air Refrigeration Ice Machines, LLC, was called to the property by the owner to repair a faulty AC unit that was not cooling and repaired the motor. Plaintiff alleged the defendant was negligent in the maintenance and repair of the unit so that it caused it to leak inside injuring Plaintiff when she fell. Plaintiff alleged injuries to her lower and mid back, pain, and limitations to her daily life and activities as a result of the fall. The Plaintiff was cross examined extensively on her knowledge of the repairs, industry standards of AC repair, and evidence she relied upon in making her claim for negligence against Defendant. We moved for directed verdict as a matter of law at the conclusion of Plaintiff's case arguing Plaintiff failed to present any evidence of Defendant's duty and alleged breach of any such duty to Plaintiff in her case in chief. After over an hour of argument, Judge Ezelle granted Defendant's motion in favor of Defendant. Prior to trial, Plaintiff allowed a $250.00 proposal for settlement to expire and Defendant's post trial motions to enforce the proposal seeking attorney's fees and costs are pending.