Sergio Casiano (Partner-Miami) obtained summary judgment in the Florida Eleventh Judicial Circuit on behalf of Wilson Elser’s Client, a global insurance company. In this matter, the plaintiff is a tenant in a condominium unit alleging injuries caused by her ceiling caving in and falling on her. The plaintiff sued our client, who owns the unit directly above hers, claiming it is the source of the water leak. Sergio presented evidence that the leak triggering the collapse resulted from a broken fitting on a copper pipe in the building’s attic area, which fed water to multiple units. He argued that the broken fitting constitutes a “common element” of the condominium Association and is not a part, fixture or element of our client’s unit. The court concurred that under The Declaration of Condominium and Florida Statute §718.108(1)(d), the duty to repair a common element was solely that of the condominium Association, and it is responsible for the leak and resulting damages. The court further found that the plaintiff failed to establish either the duty or the proximate cause elements of a simple negligence claim, granting Wilson Elser’s motion for summary judgment and thereby relieving the client of any liability in this case.