Tyson & Mendes Obtains Summary Judgment in High-Stakes Premises Liability Case in Florida

Tyson & Mendes Obtains Summary Judgment in High-Stakes Premises Liability Case in Florida

TALLAHASSEE, Fla., October 23, 2026— National insurance defense trial firm Tyson & Mendes, LLP announced today that its legal team, including Partner Betsy Brown Burgess, Senior Counsel John Meade, and Senior Counsel Xavier T. Saunders, obtained summary judgment in a premises liability lawsuit in Leon County, Florida.

In this case, the plaintiff alleged sustained injuries after slipping on ice outside the service department of a Tallahassee automobile dealership during an unusually severe winter weather event in January 2025. The defense argued the dealership did not have a separate duty to warn of an open and obvious weather-related danger, and the plaintiff could not establish the dealership had actual or constructive knowledge of the alleged dangerous condition, as required by Florida law. The plaintiff attempted to rely upon purported statements by unidentified dealership employees to establish notice.

Ms. Burgess successfully obtained a pretrial ruling excluding the alleged employee statements. The defense also challenged the plaintiff’s failure-to-warn theory, arguing that the dealership could not be held liable for failing to warn of an icy condition given the plaintiff’s own awareness of the unusual freezing conditions throughout Tallahassee.

“We followed The Apex℠, Tyson & Mendes’ groundbreaking defense strategy that calls for applying common sense, arguing the dealership had no separate duty to warn of an open and obvious weather-related danger,” said Xavier T. Saunders, who drafted the Motion for Summary Judgment.

“Prevailing on this motion resolves the case in favor of the dealership, and saves our client the expense of a trial,” added Betsy Brown Burgess. The defendant also filed a Proposal for Settlement early in the case, which will allow the defendant to seek recovery of fees in addition to costs.

 

About Tyson & Mendes LLP

Tyson & Mendes LLP is a nationwide, AV-rated litigation and trial firm specializing in insurance defense and protecting its clients from Nuclear Verdicts®. Founded in 2002 by Robert Tyson and Patrick Mendes, the firm has experienced tremendous growth, with offices across the United States. Tyson & Mendes is known for its expertise in defending corporations, insurance companies, and their clients against Nuclear Verdicts®.

Serving 22 states with 28 offices nationwide, Tyson & Mendes is one of the fastest-growing civil defense firms in the U.S. and is proud to offer one of the fastest and clearest paths to partnership for its attorneys of any mid-sized law firm in the U.S. The firm is honored to be recognized as a 2024 and 2025 Best Law Firm by Best Lawyers, named a 2026 Best Company to Work For: Law Firms edition by U.S. News & World Report, shortlisted for the PropertyCasualty360 2026 Insurance Luminaries Award, and have an extensive trial bench of attorneys recognized by Best Lawyers 2026, Best Lawyers: Ones to Watch 2026, and Super Lawyers. The firm has also developed a spinoff consulting firm, Apex Defense Consulting, aimed at equipping carriers and counsel with the education, collaboration, and expertise needed to stop Nuclear Verdicts® and slow social inflation.

For more information, visit tysonmendes.com.

 

 About Apex Defense Consulting

Apex Defense Consulting is a specialized insurance defense consulting firm, offering educational, community, and consulting services via a slate of experienced trial lawyers and Nuclear Verdict® experts. Founded in 2025, Apex Defense Consulting is the first of its kind within the insurance defense industry and is poised to revolutionize the industry with The Apex℠, the first and only data-backed and trial-tested blueprint for the defense to stop outsized and unjust Nuclear Verdicts®.

For more information, visit apexdefenseconsulting.com.

 

For press inquiries, contact:

Debbie Caldwell
Plat4orm PR
debbie@plat4form.com

 

 

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