Amanda J. Podlucky

  • Florida Bar 2007
  • Middle District of Florida 2007
  • Southern District of Florida 2019
  • Super Lawyers Rising Star, 2016-2022
  • Villanova University School of Law (J.D., cum laude, 2007)
  • Georgia Institute of Technology (B.S., magna cum laude, 2004)
  • Claims & Litigation Management Alliance (CLM)
  • National Retail and Restaurant Defense Association (NRRDA)
  • Orange County Bar Association
  • Florida BBQ Association, Certified Judge

General Liability 

  • Defense prevails in Florida resort slip and fall. A motion for summary judgment was filed on the grounds that neither the hotel owner nor the hotel operator owed a duty to warn as the condition was not a concealed danger but, rather, was open and obvious. The court agreed that there was no breach of either duty because the plaintiff knew of the condition, but failed to avoid it, and that it was her negligence that caused the fall.
  • Succeeded in obtaining a per curiam affirmance by the Sixth District Court of Appeal of a motion for summary judgment entered in favor of a rental manager. In granting summary judgment, the trial court found that the rental manager, which did not own the premises, did not owe the Plaintiff a non-delegable duty and had no duty to maintain the exterior of the premises pursuant to the owner agreement with the homeowner. The trial court also found that the guest failed to establish any genuine issue as to any material fact regarding an insufficiency or issue with the operation of the lighting of the porch on the property which would give rise to a breach of any possible duty. The Court also provisionally granted the rental manager attorney’s fees upon the determination of the trial court at the conclusion of the case, pursuant to a proposal for settlement.  Janice Dillard v. VHC Hospitality LLC d/b/a Vacation Home Collection, Luciana Pinto,

Retail Liability

  • Successful Summary Judgment for grocery retailor in slip and fall case. In granting final summary judgment, the court agreed with Amanda’s argument that our client had no actual notice of a spill or substance and that the plaintiff was unable to circumstantially prove constructive notice, as she was unable to prove that a spill was present for such a length of time that our client should have known about it, or that the condition occurred with such frequency that it should have been foreseeable.

Premises Liability

  • Summary judgment in favor of vacation rental management company. The manager did have an obligation to change standard light bulbs, including the one over the front door, but there was no testimony to suggest that this light was not working or that the bulb had to be replaced. The court agreed  that summary judgment was proper as there was no duty or obligation going toward the areas of the premises at issue and there was no genuine dispute as to any material fact regarding the porch light.
  • Defense verdict in a premises liability case following a four day jury trial in the Circuit Court for Orange County, Florida, involving an alleged trip and fall on a staircase at the apartment complex where plaintiff resided. Liability and damages were at issue, and the jury rejected the plaintiff’s claims as to any defect on the stairs after the defense presented pre- and post-incident inspection reports and photographs. Defense expert witness also successfully argued that the plaintiff’s “permanent” injuries were not causally related to the incident. The jury returned a defense verdict despite plaintiff’s request for over $200,000 in damages for medical expenses, future medical expenses and lost wages.
  • Defense verdict in a premises liability case following a three day jury trial in the Circuit Court for Orange County, Florida, involving an incident that occurred in an elevator at a time-share resort near popular Orlando theme parks. Plaintiff claimed the elevator “bounced” before reaching the floor and became stuck, leaving her with permanent shoulder injuries. Defense successfully demonstrated a lack of notice as to any defect with the elevator based on maintenance and service records, as well as lack of a causal relationship between the injuries alleged and incident in question. The jury rejected plaintiff’s claims for liability and damages and also awarded zero damages on the accompanying consortium claim.

PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME

  • “Jurisdictional Trends & The COVID-19 Impact on FL NY NJ & PA,” Marshall Dennehey Virtual Client Presentation, December, 2020
  • “Roundtable: Don’t Just Roll the Dice – Hot Topics in Evaluating Personal Injury Claims,” Marshall Dennehey Florida Claims Symposium – Casino Royale, Tampa, FL, September 20, 2018
  • “Social Media in Claims Investigations,” Orlando Claims Association, January 14, 2016
  • “Ethical Use of Social Media by Lawyers,” Law Firms and Investigators, Marshall Dennehey Florida Claims Symposium – The Best Defense is a Good Offense, Orlando, FL, September 17, 2014
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Amanda J. Podlucky

Partner

Amanda Podlucky is a partner at Cobb & Gonzalez, in the firm’s Orlando office, where she primarily focuses her practice on general liability, premises liability, and automobile negligence matters. Regarding premises litigation, Amanda aggressively defends businesses in the hospitality industry, such as hotels and resorts, restaurants, bars, and nightclubs. She also frequently represents national and local retailers, recreational facilities, multi-family housing properties, and third-party management and custodial companies against personal injury, negligent security, and related general liability claims. Additionally, Amanda defends commercial and individual clients in automobile negligence matters involving both bodily injury and uninsured/underinsured motorist claims. She has obtained favorable results for her clients both at mediation and jury trials.

Amanda is an honors graduate of the Georgia Institute of Technology (“Georgia Tech”) and earned her juris doctor, cum laude, at Villanova University School of Law. During law school, she served as an elected officer of the Student Bar Association and was both a staff writer and managing editor for the law school’s Sports and Entertainment Law Journal. During this time, Amanda also had the opportunity to work with the United States District Court for the Eastern District of Pennsylvania, serving as a judicial extern to the Honorable Charles R. Weiner. 

Prior to joining Cobb & Gonzalez, Amanda was a Shareholder at a large regional defense firm, where she served as Co-Chair of the firm’s Premises & Retail Liability Group, and successfully defended clients in a vast array of premises and other general liability matters.

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