Summary Judgment – Road Construction Contractor

The Palm Beach Circuit Court recently granted a Motion for Summary Judgment after conducting a thorough review of the record and having heard argument of the Peterson Bernard Team.  The Plaintiff alleged that she had fallen and injured herself on a mound of dirt within the Defendant/Road Construction Company’s construction project.  Defendant was able to establish through affidavits and other evidence that they were not working in, at or near the area where the Plaintiff’s slip and fall/trip and fall allegedly occurred.  There was no construction nor had there been any construction ongoing at the location by Defendant or any of its subcontractors as of the date of the incident.  The Court found that Defendant had met its burden and was entitled to a Final Summary Judgment.