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Filing# 166036073 E-Filed 02/02/2023 04:36:33 PM
INTHE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: 062021 CA016576 (25)
AARON BRUNER,
Plaintiff,
V.
BONNIE JUDSON,
Defendant.
DEFENDANT'S STATEMENT OF MATERIAL FACTS IN SUPPORT
OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
COMES NOW Defendant, BONNIE JUDSON, by and through her undersigned
counsel, and hereby files her Statement of Material Facts in Support of Defendant's
Motion for Final Summary Judgment, which was filed on December 1, 2022, and in
accordance with Court's Divisional Instructions and Florida Rules of Civil Procedure,
would state as follows:
1. The subject premises liability
claim giving rise to this lawsuit occurred at the
Defendant's residence, located in Broward County. Please see Exhibit "A" as attached
to Defendant's Motion for Summary Judgment.
2. At the time of the accident, Plaintiff owned a pressure washing business,
D&D Coatings, LLC, where he maintained a license, advertised, and obtained his own
Page 1
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 -
(561) 683-8977 FAX
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/02/2023 04:36:32 PM.****
CASE NO.: 062021 CA016576(25)
equipment. Please see Exhibit "B" as attached to Defendant's Motion for Summary
Judgment.
3. Defendant, BONNIE JUDSON, retained Plaintiff to perform pressure
cleaning services on her roof. Ex. B at 25:13-24.
4. Prior to startingthe work on Defendant's property, Plaintiff provided her with
a written estimate. Ex. B at 27:5-17.
5. Plaintiff took his own ladder to climb on Defendant's roof to perform the
pressure cleaning work. Ex. B at 19:23-25; 20:1.
6. Defendant did not tell the Plaintiff how to set up his ladder or prohibit him
from settingup his ladder in any particularpart of her property in order to access the roof.
Ex. B at 29:23-25; 30:1-7; 37:18-20.
7. Plaintiff did not discuss with Defendant how the work was to be performed.
Ex. B at 29:5-10.
8. Defendant did not direct Plaintiff where to put the ladder. Ex. B at 29:25,
30:1-7, 37:18-20, 51:7-10.
9. Defendant did not instruct Plaintiff on how to pressure clean the roof, what
equipment to use, what ladder to use, and what chemicals to use. Ex. B at 30:8-23.
10. On the date of the accident and priorto startingwork, Plaintiff positioned
the ladder. Ex. B at 36:19-23,37:7-17.
11. As Plaintiff set up the ladder, he did not observe any debris, substances or
anything problematic on the driveway. Ex. B at 38:2-15.
Page 2
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 -
(561) 683-8977 FAX
CASE NO.: 062021 CA016576(25)
12. At the time Plaintiff was preparing for work and setting up his equipment,
there was nothing on the driveway that would have prevented Plaintiff from putting his
ladder where he did. Ex. B at 38:16-18.
13. At the time Plaintiff was preparing for work and setting up his equipment, he
did not see any oil or grease on the property. Ex. B at 38: 19-25, 39:1.
14. At the time Plaintiff was preparing for work and setting up his equipment, he
did not see any leaves or landscaping debris on the property. Ex. B at 39: 1-3., 51:6-13.
15. At the time Plaintiff was preparing for work and setting up his equipment, he
did not see any mildew, sliminess, or rottingleaves on the property. Ex. B at 39:4-7.
16. The physical condition of the driveway did not contribute to the accident.
Ex. B at 64:13-20.
17. Plaintiff testified that he believed someone moved the ladder while he was
on the roof. Ex. B at 59:1-7.
18. Plaintiff assumed that the ladder was moved as it appeared to be in a
different positionafter the fall than where he set it up. Ex. B 59:9-22, 61:5-15.
19. Plaintiff could not testifyas to any evidence that led him to believe that the
ladder was moved, other than his assumption. Ex. B at 61:16-19.
20. Plaintiff could not say who moved the ladder. Ex. B at 61:20-21.
21. Plaintiff did not see anyone moving the ladder while he was on the roof. Ex.
B at 64:18-21.
22. Plaintiff could not say if Defendant moved the ladder. Ex. B at 61:22-23.
Page 3
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 -
(561) 683-8977 FAX
CASE NO.: 062021 CA016576(25)
23. Plaintiff contended but could not testifyfor sure that an individual who drove
a vehicle that appeared in the front of the house moved the ladder. Ex. B at 62:7-25,63:1-
19.
24. Plaintiff did not see or hear the garage openings or any vehicles exitingthe
garage. Ex. B at 65:7-12.
25. Plaintiff did not notice a different position of the ladder as he approached it
in preparation to go down. Ex. B at 62:4-7.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 2nd day of February, 2023, a true and correct
copy of the foregoing was filed with the Clerk of Broward County by using the Florida
Court's E-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the E-Filing Portal system: Goldman & Vincent Duffy, Esq.,
Daszkal, P.A., service.duffy@gdinjurylaw.com; jfontaine@gdinjurylaw.com, 1630 West
Hillsboro Bou evard, Deerfield Beach, FL 33442, (954) 428-9333/(954) 428-9338 (F),
Attorney for P aintiff.
COLE, SCOTT & KISSANE, P.A.
Esperante Building
Counsel for Defendant
222 Lakeview Avenue, Suite 120
West Palm Beach, Florida 33401
Telephone (561) 383-9262
Facsimile (561) 683-8977
Primary brian.pita@csklegal.corn
Secondary inna.kreslavskaya@csklegal.corn
Alternate: kristin.miller@csklegal.corn
By: s/ Inna Kreslavskaya
BRIAN S. PITA
Florida Bar No.- 41903
INNA KRESLAVSKAYA
Florida Bar No.: 1025519
Page 4
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 -
(561) 683-8977 FAX
Preview
Filing# 166036073 E-Filed 02/02/2023 04:36:33 PM INTHE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 062021 CA016576 (25) AARON BRUNER, Plaintiff, V. BONNIE JUDSON, Defendant. DEFENDANT'S STATEMENT OF MATERIAL FACTS IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT COMES NOW Defendant, BONNIE JUDSON, by and through her undersigned counsel, and hereby files her Statement of Material Facts in Support of Defendant's Motion for Final Summary Judgment, which was filed on December 1, 2022, and in accordance with Court's Divisional Instructions and Florida Rules of Civil Procedure, would state as follows: 1. The subject premises liability claim giving rise to this lawsuit occurred at the Defendant's residence, located in Broward County. Please see Exhibit "A" as attached to Defendant's Motion for Summary Judgment. 2. At the time of the accident, Plaintiff owned a pressure washing business, D&D Coatings, LLC, where he maintained a license, advertised, and obtained his own Page 1 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/02/2023 04:36:32 PM.**** CASE NO.: 062021 CA016576(25) equipment. Please see Exhibit "B" as attached to Defendant's Motion for Summary Judgment. 3. Defendant, BONNIE JUDSON, retained Plaintiff to perform pressure cleaning services on her roof. Ex. B at 25:13-24. 4. Prior to startingthe work on Defendant's property, Plaintiff provided her with a written estimate. Ex. B at 27:5-17. 5. Plaintiff took his own ladder to climb on Defendant's roof to perform the pressure cleaning work. Ex. B at 19:23-25; 20:1. 6. Defendant did not tell the Plaintiff how to set up his ladder or prohibit him from settingup his ladder in any particularpart of her property in order to access the roof. Ex. B at 29:23-25; 30:1-7; 37:18-20. 7. Plaintiff did not discuss with Defendant how the work was to be performed. Ex. B at 29:5-10. 8. Defendant did not direct Plaintiff where to put the ladder. Ex. B at 29:25, 30:1-7, 37:18-20, 51:7-10. 9. Defendant did not instruct Plaintiff on how to pressure clean the roof, what equipment to use, what ladder to use, and what chemicals to use. Ex. B at 30:8-23. 10. On the date of the accident and priorto startingwork, Plaintiff positioned the ladder. Ex. B at 36:19-23,37:7-17. 11. As Plaintiff set up the ladder, he did not observe any debris, substances or anything problematic on the driveway. Ex. B at 38:2-15. Page 2 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX CASE NO.: 062021 CA016576(25) 12. At the time Plaintiff was preparing for work and setting up his equipment, there was nothing on the driveway that would have prevented Plaintiff from putting his ladder where he did. Ex. B at 38:16-18. 13. At the time Plaintiff was preparing for work and setting up his equipment, he did not see any oil or grease on the property. Ex. B at 38: 19-25, 39:1. 14. At the time Plaintiff was preparing for work and setting up his equipment, he did not see any leaves or landscaping debris on the property. Ex. B at 39: 1-3., 51:6-13. 15. At the time Plaintiff was preparing for work and setting up his equipment, he did not see any mildew, sliminess, or rottingleaves on the property. Ex. B at 39:4-7. 16. The physical condition of the driveway did not contribute to the accident. Ex. B at 64:13-20. 17. Plaintiff testified that he believed someone moved the ladder while he was on the roof. Ex. B at 59:1-7. 18. Plaintiff assumed that the ladder was moved as it appeared to be in a different positionafter the fall than where he set it up. Ex. B 59:9-22, 61:5-15. 19. Plaintiff could not testifyas to any evidence that led him to believe that the ladder was moved, other than his assumption. Ex. B at 61:16-19. 20. Plaintiff could not say who moved the ladder. Ex. B at 61:20-21. 21. Plaintiff did not see anyone moving the ladder while he was on the roof. Ex. B at 64:18-21. 22. Plaintiff could not say if Defendant moved the ladder. Ex. B at 61:22-23. Page 3 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX CASE NO.: 062021 CA016576(25) 23. Plaintiff contended but could not testifyfor sure that an individual who drove a vehicle that appeared in the front of the house moved the ladder. Ex. B at 62:7-25,63:1- 19. 24. Plaintiff did not see or hear the garage openings or any vehicles exitingthe garage. Ex. B at 65:7-12. 25. Plaintiff did not notice a different position of the ladder as he approached it in preparation to go down. Ex. B at 62:4-7. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 2nd day of February, 2023, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Court's E-Filing Portal, which will send an automatic e-mail message to the following parties registered with the E-Filing Portal system: Goldman & Vincent Duffy, Esq., Daszkal, P.A., service.duffy@gdinjurylaw.com; jfontaine@gdinjurylaw.com, 1630 West Hillsboro Bou evard, Deerfield Beach, FL 33442, (954) 428-9333/(954) 428-9338 (F), Attorney for P aintiff. COLE, SCOTT & KISSANE, P.A. Esperante Building Counsel for Defendant 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 Telephone (561) 383-9262 Facsimile (561) 683-8977 Primary brian.pita@csklegal.corn Secondary inna.kreslavskaya@csklegal.corn Alternate: kristin.miller@csklegal.corn By: s/ Inna Kreslavskaya BRIAN S. PITA Florida Bar No.- 41903 INNA KRESLAVSKAYA Florida Bar No.: 1025519 Page 4 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX