Tampa Attorney Secures Dismissal with Prejudice in Contractor Skylight Fall Suit

Tampa Partner Mike Perotti obtained a voluntary dismissal with prejudice in the Thirteenth Judicial Circuit, Hillsborough County, Florida in a premises liability matter. While representing a granite and marble company, and the property owner also, Michael used focused discovery, depositions and strategic litigation to expose the Plaintiff’s and the painting contractor’s independent and superseding negligence.

In the fall of 2021, our clients contracted a roofing and painting company to perform roof repairs, cleaning and painting on a warehouse building’s aluminum roof. The roof had aged, translucent panels at various intervals, that were heavily discolored and obscured by dirt. While performing the work, Plaintiff—an employee of the painting contractor—fell through one of the panels and dropped more than 20 feet onto the concrete floor below.

Plaintiff sustained serious and permanent injuries and subsequently filed suit, alleging that our clients were negligent in failing to maintain the roof in a reasonably safe condition, disclose known hazards, and ensure the overall safety of workers on the premises.

The litigation involved complex questions regarding the respective duties owed by property and business owners to invitees and independent contractors. Through discovery and deposition testimony, Mike effectively demonstrated significant fault on the part of Plaintiff and his employer due to their independent acts and omissions.

Following the close of discovery and continued legal analysis and discussions with opposing counsel, Plaintiff ultimately filed a voluntary dismissal with prejudice as to all claims, in anticipation of a likely summary judgment in favor of our clients and potential exposure for Defense fees and costs.

Mike Perotti focuses his legal practice on litigating high-exposure general liability matters, with an emphasis on premise liability. He handles third-party insurance defense claims on a range of matters including personal injury, wrongful death, commercial disputes and breach of contract.