Second District Court of Appeal Florida

Jason Azzarone was successful in arguing to the Second District Court of Appeal

Jason M. AzzaroneJason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not err in granting the Defendant’s renewed Motion for Directed Verdict in Shelatz v. Punta Gorda HMA, LLC, a premises liability case involving a hospital.  The jury found for the Plaintiff and apportioned ten percent of the fault to the hospital.  In its post-trial renewed Motion for Directed Verdict, Defendant argued that no evidence was presented establishing that a duty was owed by the Hospital to the Plaintiff.  The Trial Court agreed and on appeal, the Appellant argued that the Trial Court’s decision was in error.  In response, Mr. Azzarone argued that the Trial Court correctly  recognized that evidence was presented establishing that the Plaintiff failed to comply with his contractual obligations to ensure the existence of a safe workplace.  Mr. Azzarone also argued that the Plaintiff had knowledge of the alleged hazard and failed to act reasonably to protect himself from the very incident that caused his damages.  The Second District Court of Appeal entered a Per Curium Affirmance.