PREMISES LIABILITY

Miami-Dade Circuit Court

A jury found the owners of a strip mall were not to blame for a restaurant manager’s alleged injuries after a water heater fell through a ceiling.

On Feb. 4, 2012, Antonio Diaz, then 42, was working after the report of a water leak when a water heater fell through the ceiling. Diaz claimed the water heater landed on him, causing herniations to his cervical and lumbar spine, which required fusions. Diaz claimed the strip mall’s owners, Avigdor Landman, Raquel Landman and Jose Landman, failed to properly secure the water heater and failed to repair known leaks from the roof and water heater.

Defense counsel claimed the incident was staged and the water heater did not fall anywhere near Diaz. Counsel also claimed Diaz’s injuries were pre-existing.

Case: Diaz v. Landman

Case No.: 2014-011072-CA-01

Plaintiffs attorneys: Anthony J. Soto and Raul E. Garcia Jr., Rubenstein Law, Miami

Defense attorneys: Joel D. Adler and Michael C. Rotunno, Marlow, Adler, Abrams, Newman & Lewis, Coral Gables