Creed & Gowdy's Client wins case in the Fifth District Court of Appeal

Creed & Gowdy attorneys Dimitri Peteves and Bryan Gowdy obtained a reversal in Florida’s Fifth District Court of Appeal of a summary judgment entered against their client, Jacob Roe. After he was injured in a crash caused by a delivery driver, Mr. Roe timely sued the driver and the driver’s employer. Mr. Roe later voluntarily dismissed without prejudice his claim against the driver and proceeded against the employer. However, the employer then moved for summary judgment, arguing that it was exonerated because the driver was dismissed and the statute of limitations had since expired. The trial court granted summary judgment, relying on Tsuji v. Fleet, 366 So. 3d 1020 (Fla. 2023), but the Fifth District reversed, explaining that Tsuji did not apply. Read the opinion here.

The Florida Justice Association (FJA) filed an amicus brief in support of Mr. Roe, explaining that the issue on appeal had “incredibly broad implications and would dramatically change the way claims against organizations are litigated, whether those are claims arising from a car crash, medical malpractice, or a host of commercial torts having nothing to do with personal injury litigation.” The Florida Defense Lawyers Association (FDLA) filed an amicus brief in opposition.