Chartwell Law is pleased to share a final victory in a long-running negligent security matter out of Miami. In 2022, following two years of litigation and comprehensive discovery, a Miami trial court granted summary judgment in favor of our client - a national retailer - represented by Chartwell attorneys Derek Lloyd and Victoria Godwin-Reese.
The plaintiff alleged that she was inappropriately touched by a third-party assailant while inside the store. Our team successfully argued that there was no evidence the retailer had actual or constructive notice of the assailant’s intent, a necessary element in a negligent security claim. The court agreed and dismissed the case in its entirety.
Plaintiff appealed and in February 2024, the appellate court issued a Per Curiam Affirmed (PCA) opinion, affirming the defense win and awarding appellate fees and costs. The case was remanded to the trial court for a determination of the appropriate amount.
Last week, the court issued an order awarding just over $72,000 in attorneys’ fees and costs. This recovery includes both trial and appellate fees and costs, following the retailer’s earlier Proposal for Settlement.
We’re proud of our litigation and appellate teams for their coordination, hard work, and continued commitment to delivering excellent results for our clients.