In Baker et. al. v. Hardesty & Hanover, LLC, et. al., MMP&S successfully obtained three voluntary dismissals for our client, an engineering firm, in connection with three related, yet independently filed, cases. Two of these cases were for personal injuries and one case was a wrongful death action. These three actions arose out of a singular boating accident wherein six teenagers (five passengers and one driver) collided with a bridge located in South Florida. All three Plaintiffs were minor children at the time of the incident. Our client was named as a defendant, along with other engineering/contracting companies and several municipalities, under a theory that these entities negligently maintained and/or operated the subject bridge. During our investigation, it became evident through analyzing applicable contract language and through conversations with our client that the engineering firm did not have any duties with regard to the subject bridge. MMP&S served each plaintiff’s attorney with a motion for sanctions, pursuant to Florida Statutes § 57.105, setting forth the argument that the lawsuits were frivolous. Prior to the expiration of the “safe harbor” timeframe set forth within the motion for sanctions, all three Plaintiffs voluntarily dismissed their lawsuit against our client.
