In this case the guest of a unit owner struck a boulder with his vehicle while backing out of a parking spot. He sued the management company for placing the boulder in the landscape and failing to maintain the parking lot in a safe condition. The management company was defended by Feniger & Uliasz, LLP.
At trial the Plaintiff driver testified that he had been to the condominium many times and that the boulder had always been there. He testified that his vision was blocked by a truck or van as he backed out of the parking spot and he hit the boulder with his car which sustained significant damage and he wanted the management company to pay for the damage.
The management company was successfully defended by Feniger & Uliasz, LLP to a defense verdict and no money was paid to the driver on his claim.
While the case might seem out of the ordinary, it is not. In fact this is the type of case that management companies and condominium associations deal with all the time. Without an experienced defense the damages can add up and result in significant assessments to unit owners as well as increased insurance premiums for associations.
In addition, aggressively defending these claims sends a message to those who might consider filing lawsuits against the management company, condominium association or board of directors.