Jami Dunlap vs. Needle Rush Point Owners’ Association, Inc.

Case Background

On February 22, 2023, Plaintiff  Jami Dunlap filed a Premises Liability and Slip and fall lawsuit in the Circuit Court of Escambia County, 1st Judicial Circuit, Florida(Case number: 2023 CA 000302). Judge Jan Shackelford presided over this case

Cause

On July 2, 2022, Jami Dunlap, the plaintiff, visited the premises of Needle Rush Point Owners’ Association, Inc., located at 17119 Perdido Key Drive, Perdido Key, FL. The plaintiff was on the property to inspect a condominium unit. While walking along the wooden walkway, the plaintiff slipped and fell. The cause of the slip and fall was the presence of a slippery organic substance that had accumulated on the walkway, creating a hazardous condition.

Injuries

As a result of the slip and fall, Jami Dunlap sustained permanent injuries. These injuries caused significant pain, physical disability, and medical complications. The plaintiff claims that the slip and fall injuries will require long-term treatment and have negatively impacted her quality of life.

Damages

Jami Dunlap seeks compensation for the damages caused by the slip and fall, which include medical expenses, pain and suffering, lost wages, and other costs associated with the accident. She alleges that the defendant’s failure to maintain the premises in a reasonably safe condition directly led to her fall and subsequent injuries.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Jami Dunlap
    • Counsel for Plaintiff: Evin D. Childs
  • Defendant(s): Needle Rush Point Owners’ Association, Inc.
    • Counsel for Defendants: Michael T. Stallings | Jared P. Gann

Claims

On February 22, 2023, Jami Dunlap filed a premises liability lawsuit against Needle Rush Point Owners’ Association, Inc. In her complaint, she accused the defendant of negligence. She claimed the defendant failed to properly maintain the property and ensure it was safe for visitors. Additionally, the plaintiff stated that the defendant did not warn her about the slippery condition on the walkway. She asserts that this directly caused her slip and fall injuries. The lawsuit is based on the defendant’s alleged breach of their duty of care toward visitors on the property. This violates premises liability laws. This case revolves around premises liability, negligence, and the duty of property owners to maintain safe conditions for visitors.

Defense

The defendant, Needle Rush Point Owners’ Association, Inc., denied liability for the plaintiff’s injuries. The defendant claimed they had properly maintained the property. They stated that the walkway was not in a hazardous condition at the time of the slip and fall. Additionally, the defendant argued that any slippery organic substance on the walkway was not caused by their negligence. They also stated that they had no prior knowledge of the condition. The defendant also contended that the plaintiff was partially or wholly responsible for the fall due to her own actions and that the plaintiff’s injuries were not caused by any failure on the defendant’s part to maintain the premises in a safe condition.

Jury Verdict

On July 22, 2024 the jury returned a verdict in favor of the defendant, Needle Rush Point Owners’ Association, Inc. After reviewing the evidence presented, including the plaintiff’s deposition testimony, the jury concluded that the plaintiff failed to establish that her slip and fall was caused by any defect or hazardous condition on the defendant’s walkway. The plaintiff’s testimony that her ankle “gave up” and “collapsed” without identifying a specific cause for the fall was insufficient to prove negligence. As a result, the jury found that the plaintiff did not meet her burden of proof and ruled in favor of the defendant.

Court Documents:

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