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Monthly Archives: February 2014

17FEB 2014

The Florida law firm of Cole, Scott & Kissane, P.A. is pleased to announce that one of its construction lawyers (Ried Arnold) had two motions to dismiss granted in a hotly-contested construction defect case regarding the Plaintiff’s negligence claim. The hearing took place on January 21, 2014 and the Orders Granting the Motions were entered January 28, 2014. Continue reading

07FEB 2014

The recent decision in Skala v. Lyons Heritage Corp., et al., 38 Fla L. Weekly D2485b (Fla. 2d DCA Nov. 27, 2013), provides a cautionary tale to contractors regarding maintaining construction sites. Robert Skala, a tile setter, was asked by Lyons Heritage Corp., the general contractor, to provide an estimate to correct tile work in a partially constructed home. While entering the home through the garage, Skala tripped and fell on construction debris injuring both of his arms. Skala brought suit against the general contractor for negligence as a result of the incident.[1] The trial court granted the general contractor’s motion for summary judgment finding the construction debris was an open and obvious condition such that the general contractor could not be held liable for Skala’s injuries. Continue reading