After two years of litigation, pertinent motion practice, and detailed discovery, a Miami court granted the Motion for Summary Judgment. Chartwell attorneys Derek Lloyd, Victoria Godwin-Reese, and Zohra Khorashi, along with former Chartwell attorney Ayla Arshad, represented Whole Foods in this negligent security action.
The plaintiff alleged that she was inappropriately touched by an assailant while inside a Whole Foods store. The retailer immediately responded by radioing its security guard and calling the police. The City of Miami Police apprehended the assailant.
The court found there to be insufficient evidence that Whole Foods was on notice, whether actual or constructive, that the assailant entered the store with the intent to inappropriately touch the plaintiff. Absent such evidence, the necessary elements of the negligent security action were not established, and the court granted the Motion for Summary Judgment. The court retained jurisdiction to determine fees and costs.
Congratulations Derek, Vickey, Zohra, and Ayla!