TLSS Partner Burks Smith Wins Binding Arbitration in Serious Bodily Injury Case

On November 18, 2018, TLSS Partner Burks Smith obtained an Binding Arbitration Award of no liability on behalf of his client, a Brooksville homeowner. The Claimant argued that Mr. Smith’s client had been negligent in allegedly directing work on a residential structure that allegedly resulted in a serious fall suffered by the Claimant from the client’s roof. The Claimant sustained serious bodily injuries as a result of the fall, including multiple fractures and three months in a medically induced coma, which resulted in medical bills that exceeded $1,000,000.

Mr. Smith successfully argued that his client had no involvement in directing the activities of the Claimant prior to the fall, expressly disapproved of the actions taken by the Claimant, and therefore was not liable, in whole or in part, for the injuries suffered by the Claimant. The Arbitrator agreed, and issued a Binding Arbitration Award with a specific finding of no liability on behalf of Mr. Smith’s client.

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