Robert Tacher won a Summary Judgment where Plaintiff claimed significant injury due to a slip and fall at an apartment building in Delray Beach Florida. This building is adjacent to restaurants and shops on Atlantic Avenue. Plaintiff stated that it was well known that partygoers in that area used the parking lot of the building and therefore was foreseeable for the owner of the building and the janitorial service of the building, that there could be debris and broken beer bottles in the garage area on Friday and Saturday nights.
Plaintiff alleged that Peterson Bernard's client, the janitorial service, was retained to clean the various common areas of the building including the parking garage. Through discovery, it was demonstrated that patrolling the building to look for spills was not part of our client's job duties and for that reason, any liability should rest on the owner and manager of the building. The court agreed that our client did not have a duty to patrol the parking lot and granted summary judgment in defendant's favor.