Significant Cases

Summary Judgment on Negligence and Breach of Fiduciary Duty Claims in Florida

FMG Attorneys Jessica Farrelly and Jessica Cauley prevailed on a motion for summary judgment in a Broward County, Florida court on claims of negligence and breach of fiduciary duty against their client, a substance abuse…

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FMG Attorneys Jessica Farrelly and Jessica Cauley prevailed on a motion for summary judgment in a Broward County, Florida court on claims of negligence and breach of fiduciary duty against their client, a substance abuse treatment provider. The case involved Plaintiff’s admission to the provider’s treatment facility, during which Plaintiff overdosed. Plaintiff testified during the case that he knowingly concealed illegal drugs from staff during the search of his personal belongings when he was admitted to the facility. Once he was alone, Plaintiff consumed the drugs and overdosed. FMG’s client provided life-saving treatment before Plaintiff’s transfer to a nearby hospital.  

The Court agreed that Plaintiff could not proceed to a jury trial on his claims because he admittedly acted in violation of the facility’s policies and caused his own injuries. The Court further determined that FMG’s client was entitled to recover its attorneys’ fees and costs pursuant to a Proposal for Settlement served earlier in the litigation.  

Zachary Wallace, by and through, Clayton John Wallace, Attorney-in-Fact v. Legacy Healing Detox, LLC, et al, Civil Action No. CACE22004466, Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida 

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