Motion to Dismiss Granted
Brown Sims is pleased to share a favorable ruling for a client in a Broward County Circuit Court action involving an August 2023 battery fire aboard a vessel.
Shareholder Cody Frank successfully argued a motion to dismiss a crossclaim asserted against the client, whose involvement with the vessel was limited to installing lithium batteries years before the alleged incident. Other entities were responsible for the vessel’s later sale and subsequent service work.
Following the hearing, the court granted the motion, finding that the crossclaim failed to allege sufficient ultimate facts to support claims for common-law indemnity or contribution.
At Brown Sims, we take a disciplined approach to pleadings by testing claims early, identifying legal deficiencies, and positioning our clients to narrow or eliminate unsupported theories before unnecessary litigation costs take hold.
