Garcia v. Vanguard Car Rental USA, Inc., 2007 U.S. Dist. LEXIS 20569
Mar 22, 2007OUTCOME: Motion to Quash
Vicarious liability of rental car companies.
Wesley Chapel, FL
Personal injury Lawyer at Wesley Chapel, FL
Practice Areas: Personal Injury, Family ... +2 more
OUTCOME: Motion to Quash
Vicarious liability of rental car companies.
OUTCOME: Motions for Summary Judgment Granted
Vicarious liability of rental car companies.
OUTCOME: Summary Judgment Granted
Vicarious liability of rental car companies.
OUTCOME: Petition for Certiorari
Insurance benefits.
OUTCOME: Motion to Strike Affirmative Defenses
Insurance subrogation lawsuit.
OUTCOME: Motion for Summary Judgment
Insurance subrogation.
OUTCOME: Defense Verdict
The claimant alleged that she was at an outside entrance of a shopping mall when she tripped on an expansion joint between two (2) concrete slabs. The claimant contended that the expansion joint was no ... t properly maintained and, therefore, was a latent and dangerous condition. Mr. Jowanna, for the Defendant mall, maintained that there was nothing wrong with the expansion joint; that the expansion joint was supposed to be there in order to allow the concrete slabs to expand and contract with the changes in climate; and, accordingly, no dangerous condition existed. The claimant sought recovery for a closed head injury; severe facial bruising with resulting scar tissue; and aggravation of a degenerative condition at C5-6 resulting in a subsequent surgical fusion and discectomy at C5-6. Mr. Jowanna further argued that the Plaintiff’s spinal surgery was not related to the expansion joint incident; but, was, instead, related to her preexisting condition which was then aggravated by subsequently being thrown from a horse. Mr. Jowanna was successful in obtaining a complete defense verdict for his client, the Defendant shopping mall. After Mr. Jowanna’s closing argument, the jury took only seventeen (17) minutes to make its decision.
OUTCOME: Won Appeal
Appeal of Negligent Security Summary Judgment
OUTCOME: Final Judgment Affirmed
The claimant was a security guard for a department store at a shopping mall. The claimant was pursuing a shoplifter when he allegedly called mall security for backup. In alleged violation of store poli ... cy, the claimant followed the shoplifter into the mall parking lot. As the claimant chased the shoplifter through the parking lot, the shoplifter’s accomplice ran over the claimant with the getaway car. As a result, the claimant received severe and permanent injuries. The claimant alleged that the Defendant shopping mall was responsible for his injuries because mall security did not respond to his backup call in time to prevent the incident. On behalf of the shopping mall, Mr. Jowanna successfully argued to the trial court that the claimant did not have a recognized legal cause of action under Florida law because the claimant was injured by performing the service he was hired to perform. Mr. Jowanna was successful in obtaining a final judgment in favor of his client, the shopping mall. Mr. Jowanna was also successful in having the final judgment affirmed on appeal.
OUTCOME: Class Certification Motion Granted
Class Action