Traub Lieberman Attorneys Richard Jarolem and Steven Kay Obtain A Voluntary Dismissal On A Motion For Sanctions Under Fla. Stat. §57.105 In St. Lucie County, Florida

Traub Lieberman Straus & Shrewsberry LLP attorneys Richard Jarolem and Steven Kay recently obtained a voluntary dismissal from the plaintiff in a negligence action pending in St. Lucie County Florida shortly after suit was filed. The case involved a middle aged man who filed suit against a Cross-Fit facility after missing a box jump while at a boot camp class. The plaintiff underwent several surgeries as a result of being injured. Messrs. Jarolem and Kay were able to uncover that the plaintiff executed a waiver of release and liability and informed consent/assumption of risk in which the plaintiff waived his right to sue the Cross-Fit facility arising out of any injuries that the plaintiff may sustain as a result of the Cross-Fit facilities alleged negligence. Moreover, we uncovered that the plaintiff had an underlying medical condition which did not allow him to suffer a fall that he knowingly failed to disclose to our client which would have prevented him from performing box jumps. In addition, Messrs. Jarolem and Kay were able to uncover a text message sent by the plaintiff to the owner of the facility after the incident in which he stated, “I did this to myself! You have zero responsibility for my injury.” The defendant filed a motion to strike complaint as a sham pleading and motion to dismiss for failure to attach a necessary document and counts I-V of the plaintiff’s complaint for failing to state a cause of action. In addition, a motion for sanctions under Florida Statute 57.105 was served upon opposing counsel, but not filed, under the 21 day safe harbor provision. The motion for sanctions reiterated to counsel that the plaintiff waived his right to file suit in this matter based upon the waiver of release and liability and informed consent/assumption of risk, the text message sent by the plaintiff to our client advising that they did nothing wrong, and that the plaintiff’s causes of action were not supported by the material facts necessary to support such claims. The safe harbor provision allows for the prevailing party to obtain their reasonable attorney’s fees to be paid by the losing party and their attorney if the court were to find that the losing party or their attorney knew or should have known that a claim when initially present was not supported by material facts necessary to establish the claim or would not be supported by the application of then exiting law to those material facts. As a result of the various motions filed by the defendant, the plaintiff entered a voluntary dismissal within the 21 day safe harbor provision dismissing the entire action against the Cross-Fit facility.



Add to Flipboard Magazine.