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Robert Ely Williams

Portrait of Robert Ely Williams

Rob is a member of the Casualty Department. He has experience litigating a wide range of general liability matters representing insureds and self insureds, individuals and national corporations in cases involving motor vehicle liability, premises liability, first party and third party property insurance, product liability, and personal injury.

Prior to joining the firm, Rob worked as Staff Counsel for AIG, defending AIG, its subsidiaries and its insured customers related to general liability litigation which included bodily injury, trucking, property damage, uninsured/underinsured coverage, and subrogation disputes. He has assisted in various insurance defense matters, including mass tort (asbestos) litigation. Rob also has prior experience in workers' compensation matters, defending several of these matters through bench trials to final order by the judges of compensation throughout the state of Florida, and in some instances through appeal.

Before attending law school, Rob worked for several years in the mortgage banking industry. He is admitted to practice in the state of Florida.

    • University of Florida Levin College of Law (J.D., 2005)
    • Washington and Lee University (B.A., 1995)
    • Florida, 2006
    • U.S. District Court Middle District of Florida, 2015
    • E. Robert Williams Inn of Court (Barrister, 2008 - present)
    • Adjuster Law & Policy, State of Florida, Department of Financial Services, Bureau of Licensing
    • Adjuster Ethics, State of Florida, Department of Financial Services, Bureau of Licensing
    • “A Recent and Thorough Discussion of Negligence and Premises Liability in Florida by the Second District of Florida,” Defense Digest, Vol. 28, No. 12, December 2022
    • After discovery and evidentiary depositions involving multiple defendants, obtained nuisance value settlement on behalf of defendant elevator company arising out of plaintiff's second floor fall down an elevator shaft with serious injuries.
    • Successfully argued defendant's summary judgment motion and opposition to plaintiff's motion to abate on dispositive issue of plaintiff's failure to appear for examination under oath, resulting in dismissal with prejudice of plaintiff's first party property case.
    • Obtained favorable settlement for less than medical costs of plaintiff's neck and shoulder surgeries in a motor vehicle accident case where plaintiff alleged the defendant's vehicle rear-ended plaintiff's vehicle. Through deposition testimony and expert discovery, the defense was developed that the incident was a side-swipe which could not have occurred in the manner described by the plaintiff, and through medical records discovery, the plaintiff's neck and shoulder surgeries were not causally related to the accident.
    • Obtained dismissal, with zero payment, of premises liability case through use of aggressive motion and discovery practice, to include defense of failure to timely substitute personal respresentative on behalf of later deceased plaintiff.
    • Obtained nuisance value settlement for trip and fall case by securing deposition testimony of plaintiff that was inconsistent with police officer's statement as to the location of the alleged dangerous condition and the manner of the fall.
    • Obtained workers' compensation final order in bench trial resulting in denial of entire claim based on finding there was no objective evidence of injury.
    • Obtained workers' compensation final order in bench trial resulting in denial of claimant's claim for temporary indemnity benefits based on finding of no competent substantial evidence of occupational cause of injury with resulting disability within reasonable degree of medical certainty.

Thought Leadership

Defense Digest

A Recent and Thorough Discussion of Negligence and Premises Liability in Florida by the Second District of Florida

December 1, 2022

Key Points: Property owner is not, by that status alone, responsible for injuries caused solely by a tenant or lessee’s activities on the property. Property owner’s right to enter leased premises is not sufficient to constitute control over property so as to impose duty on landlord to protect third parties, even where property owner may have been able to generally instruct people not to do certain activities. It happens all the time. A complaint comes in, there are several counts with several theories of liability seeking damages for personal injuries, seemingly based on the simple fact that the named defendant(s) own the property. In a lengthy discussion on the theories commonly (and sometimes uncommonly seen), the Second District Court of Appeal in the case of Ruiz v. Wendy’s Trucking, LLC, et al., 2022 WL 4389879 (Fla. Dist. Ct. App., Sept. 23, 2022), affirmed a summary judgment in favor of the defendant property owner faced with such theories. The plaintiff, Antonio Ruiz, was severely injured while performing maintenance on a commercial truck owned by a third party, Wendy Carbrera, in a parking lot owned by the defendants, Roberto and Jesus Garcia. The Garcias hired a third party, Eglisbel Ginarte, to find truck owners to enter into leases for parking spots on a portion of the lot. At the time of the accident, there was no written lease agreement between Carbera and the Garcias. The plaintiff’s operable complaint alleged that the Garcias, as the lot owners, had a non-delegable duty to maintain their premises in a reasonably safe condition and to prevent unreasonable and dangerous activities on the lot. After several depositions, with varied testimony regarding the repair work on the property, the Garcias filed a motion for summary judgment, arguing there was no evidence that the condition on the property caused the accident. They also argued the plaintiff was a licensee on the property (such that the duty of reasonable care did not apply). The plaintiff responded to the motion for summary judgment, arguing that there was a disputed material fact as to whether the Garcias created a foreseeable zone of risk by permitting the repairs on their lot without proper safety measures. They also argued that the Garcias owed the plaintiff a duty of reasonable care under the ordinary negligence standard because the accident, based on testimony and evidence, was a result of their active or passive negligence rather than a defective condition of the lot. The trial court ruled that there was no duty owed to the plaintiff based on the facts of the case, which involved a truck that had been permitted to be parked on the lot. The plaintiff appealed to the Second District Court of Appeal, which affirmed that the Garcias, as property owners, did not owe a duty to the plaintiff. In its discussion of the plaintiff’s ordinary negligence liability/premises liability theories, the court addressed the plaintiff’s “active” negligence theory by finding that there was no active negligence by the Garcias as property owners because the accident (the truck breaking loose from whatever was holding it in place and running over a person) could have happened anywhere. Had it happened off the Garcias’ property, then the plaintiff would have had no basis to sue the defendants. There was no evidence that this was a case where the property owner or one of his/her agents operated equipment on the property and created a dangerous condition. The court then turned to the plaintiff’s allegation that the Garcias failed to prohibit mechanical repairs on the lot or implement safeguards regarding same, which it considered to be an allegation of “passive” negligence under both the ordinary negligence theory and premises liability theory. Even if the plaintiff was considered an invitee, the same standard of reasonable care applied under both of these theories. The court distilled the plaintiff’s argument as follows: that the Garcias owed the plaintiff a duty to prevent mechanical work from being performed on the lot by its lessees or invitees without having safeguards in place. The court ruled that there was no known dangerous condition because it was undisputed the lot was being used for parking, and the Garcias did not create a dangerous condition by owning the lot and allowing trucks to park there. The court specifically indicated that, if a dangerous condition was created by the mechanical work on the lot, the Garcias had no involvement in it because the condition was created by truck owners (lessees), who had requested such work to be done on the lot or by truck mechanics (the plaintiff), who had opted to perform work on the lot themselves. The plaintiff further argued that the right to control the property by the Garcias (the right to enter the property and stop people from working on the trucks) was a factual issue to be determined by the jury, such that a genuine material issue of fact prohibited entry of summary judgment. The court found that even though the Garcias may have been able to generally instruct people to stop performing mechanical work on the lot, this did not render them in control of their lessees’ (i.e., owners of the trucks who lease parking space from the Garcias on the lot) operations and activities. Defending these type of cases necessarily involves navigating a response to all attempts by plaintiffs’ attorneys to establish a duty of care on the part of a property owner under Florida case law. The Second District Court of Appeal’s analysis and holding in Ruiz provides a roadmap for evaluation of the heavily fact-dependent question of property owner liability.

Firm Highlights

Thought Leadership

The Tolling Trap: Filing Alone Will Not Toll the Statute Without Good-Faith Service

The Eastern District of Pennsylvania recently reinforced a critical limitation on bad faith claims, holding that a timely filing alone will not preserve a cause of action absent a good-faith effort to serve the original process. The plaintiff had presented a claim for underinsured motorist benefits to his auto insurer. The insurer evaluated the claim and determined that the plaintiff’s accident-related damages did not exceed the bodily injury liability insurance limits of the at-fault driver and denied his claim. Among other claims, the plaintiff sought to present a claim for insurance bad faith under 42 Pa. C.S.A. § 8371, to which a two year statute of limitation applies. He first filed a praecipe for writ of summons before the expiration of the statute of limitation. However, the plaintiff did not attempt to serve the praecipe or writ until after the statute of limitations had expired. Additionally, the service failed as the plaintiff had mailed the original process to an incorrect address. Despite receipt of the Postal Service’s failure to deliver the original process, the plaintiff did not attempt to re-serve the writ. Two months later, the plaintiff filed a complaint and then successfully served that complaint. The insurer sought to dismiss the plaintiff’s bad faith claim as time-barred by the statute of limitations. The district court agreed. Though the plaintiff had filed a praecipe for a writ of summons prior to the expiration of the statute of limitations, the statute is only tolled if there is a good faith effort to serve that original process. In this case, the court determined that the plaintiff had failed to perform a “good faith effort to serve the original process”. Additionally, though the filing and service of a complaint can serve as alternative original process when the lawsuit is commenced by the filing of a praecipe for a writ of summons, the plaintiff filed his complaint after the statute of limitations had expired. The plaintiff’s bad faith claim was therefore determined to be barred by the statute of limitations and dismissed by the court, with prejudice. A key takeaway for the defense is not to assume that the statute of limitations has been successfully tolled by a plaintiff merely because a praecipe for a writ of summons or complaint has been filed prior to the expiration of the statute. A filed complaint or writ is only part of the equation. The defense should carefully review the docket and filings to confirm that the plaintiff also performed the requisite good faith effort to serve that original process. A thorough review of the docket may reveal that the plaintiff failed to make the good-faith service efforts necessary to toll the statute of limitations.

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

Thought Leadership

Florida Supreme Court Rules Florida Statute §627.70152 Does not Apply Retroactively

In a decision that resolves years of appellate uncertainty and confirms that insurers and insureds alike can rely on the legal framework in place when a policy is issued, the Supreme Court of Florida last week found that Florida Statute §627.70152, which involves an insured’s requirement to provide an insurer with pre-suit notice before filing a suit, cannot be applied retroactively. In Universal Property & Casualty Insurance Company v. Hughes, the Court was presented with the issue of whether the statutory pre-suit notice requirement applied retroactively and whether it would apply to a breach of contract of an insurance policy that was issued before the statute went into effect. Before the Court was an appeal from a homeowner, Ms. Hughes, who sued her insurance carrier, Universal Property & Casualty Insurance Company (Universal) for breach of contract under an insurance policy that was in effect from April 24, 2019 through April 24, 2020. During the policy period, Ms. Hughes suffered a loss and, on May 29, 2019, made a claim for water damage. The carrier investigated the loss and issued payment; Ms. Hughes disputed the payment, finding the amount insufficient for repairs. On July 1, 2021, Florida Statute §627.70152 went into effect, which required insureds to provide notice of intent to initiate litigation against the carrier prior to filing a lawsuit; if an insured filed the lawsuit without complying with §627.70152, a court must dismiss the case without prejudice. On August 4, 2021, Ms. Hughes filed her lawsuit against Universal for breach of contract. Universal moved to dismiss based on her failure to comply with §627.70152. Ms. Hughes contended the notice requirement could not be applied retroactively. The trial court disagreed and dismissed the lawsuit without prejudice, and Ms. Hughes appealed. During the appeal, the Fourth District Court of Appeal, in Cole v. Universal Property & Casualty, 363 So. 3d 1089 (Fla. 4th DCA 2023), ruled that Florida Statute §627.70152 did apply retroactively to policies issued before the effective date of §627.70152. However, the Sixth District Court agreed with Ms. Hughes and overturned the trial court’s ruling, finding the statute could not retroactively apply to policies issued prior to the statute effective date. Thereafter, the other district courts weighed in, with the Third District Court agreeing with the Fourth District Court, and the First, Second and Fifth District Courts agreeing with the Sixth District Court. In resolving the conflict amongst the district courts, the Supreme Court advised “as a general rule, ‘the statute in effect at the time an insurance contract is executed governs substantive issues arising in connection with that contract.’ Hassen v. State Farm Mut. Auto. Ins. Co., 674 So. 2d 106, 108 (Fla. 1996). The Court applied the two-step test when deciding whether a statute has retroactive application: “First, the Court must ascertain whether the Legislature intended for the statute to apply retroactively. Second, if such an intent is clearly expressed, the Court must determine whether retroactive application would violate any constitutional principles.” Menendez v. Progressive Exp. Ins. Co., 35 So. 3d 873, 877 (Fla. 2010). In analyzing the Legislature’s intent, the Court must determine whether the Legislature has manifested a clear command for retroactivity in the statutory text.  In review of the statutory text, the Court found nothing in the language of the statute to indicate that the phrase “all suits” was serving another purpose of expanding its reach to suits based on policies that both predate and postdate the enactment of the statute. Buis v. Universal Prop. & Cas. Ins. Co., 394 So. 3d 738, 741 (Fla. 2d DCA 2024). Further, the Court noted the statute has an effective date, which has long been considered to be evidence against retroactive application of a statute. The Court concluded that, on its face, no provision of §627.70152 speaks to application of the statute to insurance policies issued before the statute’s effective date and therefore, the Legislature did not clearly command retroactivity of the statute to include insurance policies issued prior to the enactment of the statute. The Court briefly reviewed Universal’s argument that the presuit notice requirement was procedural, not substantive, and therefore should be applied retroactively; however, the Court agreed with the Sixth District Court’s finding that, in its entirety, §627.70152 transformed an insured’s ability to sue an insurance company under a property insurance policy and an insurer’s obligations to respond to and pay insurance claims, thus making the requirement a substantive change. The Court thereby upheld the decision of the Sixth District and disapproved the decision of the Fourth District in Cole.