In a case decided by the Circuit Court of Hillsborough County, Florida, a team of Kutak Rock litigators including Caleb S. Sugg and Elizabeth L. Fite secured a swift dismissal of negligence claims against a security company client.

In connection with an incident involving the plaintiff at a residential apartment community, the plaintiff sued management of the apartment complex and the security company, among other defendants. Based on the allegations in the complaint and the security company’s agreement with the management company, which the plaintiff implicitly relied on, the court ruled that the security company did not owe the plaintiff a duty of care.

The court also ruled that because the plaintiff relied on the agreement and the security company’s duty, if any, was defined by the agreement as a matter of law, the plaintiff was bound by the agreement’s forum selection clause, even though the plaintiff was not a party to the agreement. Thus, to the extent the plaintiff could allege the security company owed plaintiff a duty, those claims must be brought in the state specified in the agreement, not Florida.

This case is one of many victories by Kutak Rock in Florida litigation. Kutak Rock’s team of Florida litigators includes Caleb S. Sugg, Elizabeth L. Fite and Joseph A. Brown.