Third District Court of Appeals Affirms Sanctions Entered Against Plaintiff in Claim for Negligent Condominium Repairs
Today a Florida Apellate Court affirmed the entry of sanctions and summary judgment in favor of Advanced Construction Services Group, Inc.
Online, June 24, 2014 (Newswire.com) - Today the Third District Court of Appeal for the State of Florida affirmed the entry of sanctions and summary judgment in favor of Advanced Construction Services Group, Inc., affirming an order dismissing claims for failure to proffer expert testimony.
The Miami construction firm, was represented by Raymond R. Dieppa of the state-wide law firm Wadsworth Huott, LLP. The Third District upheld the lower court's finding that the Plaintiff could not prove causation without the necessary expert testimony.
In a case where the Plaintiff initially sought substantial damages for alleged mold and water damage to his condominium during repairs which occurred during 2006 and 2007, Florida's Third District Appeal affirmed the Court's ruling that failure to comply with expert discovery was sanctionable conduct resulting in the striking of the Plaintiff's experts. As a consequence the under the prevailing legal standard for causation in cases requiring expert testimony, the Court found that the Plaintiff could not prove causation, resulting in an entry of final summary judgment in favor of Advanced Construction. The court further held that the Plaintiff could not represent his minor children concerning their personal injury claims without a guardian ad litem.
"I'm satisfied we could obtain a good result for our client. Oftentimes these negligent repair claims result in extensive litigation and can be difficult to defend" stated Attorney Raymond Dieppa. "Clearly the Appellate Court agreed with our position."
Wadsworth Huott, LLP is a full service law firm providing representation to clients in all aspects of civil litigation throughout the State of Florida.