Appellate Court Affirms Summary Judgment in Favor of Defendant in Negligent Security Case

September 2022

The appeal arose from a summary judgment obtained by P. Brandon Perkins and Christopher Parkerson on behalf of a shopping mall in four related negligent security cases arising from a shooting incident. Two of the cases sought damages under Florida’s Wrongful Death Act; the other two cases sought damages for catastrophic injuries and emotional distress.
The issue on summary judgment—and appeal—was whether sufficient record evidence existed for a reasonable jury to find that the shopping mall’s alleged inadequate security was a proximate cause of the shooting. Although Plaintiffs’ security expert opined that the unknown shooters—more likely than not—would have been deterred by additional security measures, the trial court correctly concluded that the expert’s opinion did not create an issue of fact on causation because no reasonable jury could find causation without stacking inferences. After full briefing and oral argument, the Second District Court of Appeal affirmed the trial court’s reasoned judgment.
The appellate oral argument is archived at