In Erika Daubenmire v. D.R. Horton, Inc., MMP&S prevailed on a Motion for Summary Judgment on a trip and fall premises liability case in Indian River County, Florida. MMP&S’s client is a home builder, which was constructing residential homes in a subdivision in which the Plaintiff lived. While walking her dog on the sidewalk in front of one of these lots, the Plaintiff left the sidewalk, stepped onto the grass lot owned by the builder, and tripped over a piece of construction material, sustaining personal injuries requiring surgery. The Court agreed with MMP&S and ruled as a matter of law that the Plaintiff was a trespasser on the property, and as such, the builder did not breach the minimal duty owed to trespassers in Florida, which is to refrain from willful and wonton misconduct.
