Cecil Davis and Mark Tinker Obtain Complete Defense Victory In Favor of Former Secretary of the Florida Senate, William “Joe” Brown
March 31, 2014Cecil Davis and Mark Tinker obtained a complete defense victory in favor of William “Joe” Brown, the former Secretary of the Florida Senate, in a wrongful death case that had been filed against him.Following a hunting accident, the plaintiff claimed that Mr. Brown could be held liable by virtue of the mere fact that he was the president and founder of the hunting club where the incident occurred. The plaintiff specifically asserted that Mr. Brown had the duty to implement safety rules which could have prevented the accident.
Cecil Davis obtained a summary judgement in the trial court based upon the argument that no such duty exists under Florida law. The plaintiff appealed, and Mark Tinker had the judgment upheld in the First District Court of Appeal.