Berk, Merchant & Sims, PLC

Defense Verdict Where Neighbor Sued Neighbor [2011-05-22]

BMS Attorneys Evelyn Merchant and John Anderson successfully defended a business which was sued by a neighbor for allegedly being responsible for a large property loss.

Plaintiff,  SG Findings, a company dealing in precious metals, was a tenant in the Seybold Building, in downtown Miami.  GM Properties Corporation, owned and operated a building adjacent to the Seybold Building.  Plaintiff's Precious metal business was on the third floor.  The third floor of the GM Property building was vacant. In March, 2004, Plaintiff allegedly suffered a burglary of  precious metals, valued up to $400,000. that had been left out of their safes.  Plaintiff claimed the burglars were allowed to wrongfully enter GM Properties and break through two block walls into the Plaintiff's property.  Plaintiff sued GM Property claiming it was negligent in providing security to GM's building, which allowed the burglary to occur on SG Findings' property.  BMS argued to the jury that GM Properties was not negligent, or in the alternative, that any burglary which may have occurred was solely due to the negligence of SG Findings itself.   The jury returned a complete defense verdict, finding GM Properties was not at fault.

Defendant submitted a proposal for settlement and will be pursuing its' attorneys fees and costs from the date of the proposal forward.

Areas of Practice

  • Insurance Coverage 1st and 3rd Party Property Insurance Bad Faith Liability Defense Commercial Litigation

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