Congratulations to Jorge Cruz-Bustillo on a Major Summary Judgment Win!

Congratulations to Bartlett Florida Partner, Jorge L. Cruz-Bustillo, for securing a summary judgment in a 7-figure blasting case filed in Miami-Dade County in 2018. Plaintiff’s Counsel alleged extensive damage to a home caused directly by blasting at a nearby quarry. The Policy contained an Earth Movement exclusion which required the Court to interpret the phrase “any other earth movement” contained within the exclusion. The Court granted Jorge’s motion for summary judgment in it is entirety and entered a 26-page written order setting forth a detailed legal analysis adopting Jorge’s argument that the cause of loss and resulting damages, as alleged by the Plaintiff, are excluded under the Earth Movement exclusion of the Policy. Plaintiff’s Counsel filed for rehearing and reconsideration of the order. On October 23, 2024, the Judge entered an order denying the Plaintiff’s motion for rehearing and reconsideration. Plaintiff’s total claim for recovery exceeded one million dollars, including damages, interest, cost, attorney’s fees and a multiplier. Plaintiff’s Counsel had rejected a proposal for settlement. With the entry of the order, the Plaintiff will now receive nothing, and our client will be pursuing its defense fees and costs. Great job Jorge!

What makes this victory even more impressive is the fact that Plaintiff’s counsel is Mark Nation, a well-known and challenging attorney to deal with, had prevailed on this very same issue at trial and summary judgement over a dozen times. Jorge is the only defense lawyer in the state of Florida to prevail on this unique legal issue and argument. Congratulations, Jorge!