Summary Judgment Granted

J.D. Morgan received a final summary judgment ruling in our clients’ favor in Circuit Court in Clay County, Florida, on March 19, 2013. The plaintiff had sued landowners for failure to maintain and failure to warn after the plaintiff was rendered a paraplegic following an attempted backflip off our clients’ dock into a shallow lake. The court held that a landowner had no duty to maintain the bottom of a natural body of water, as the facts showed that no hidden or unusual dangers caused the injury. The court held that there was no failure to warn because the undisputed facts showed, from the plaintiff’s own testimony, the that plaintiff had experience with similar risky dives, had actual knowledge of the danger of diving into shallow water, and dove in without checking the depth of the water.

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