Partner, Practice Group Leader – General Liability Group
Amanda J. Podlucky
Amanda Podlucky is a Partner at Cobb & Gonzalez, P.A., based in the firm’s Orlando office, where she focuses her practice on general liability, premises liability, and automobile negligence. Amanda has built a strong reputation for defending businesses in the hospitality industry, including hotels, resorts, restaurants, bars, and nightclubs, against a wide range of premises liability and personal injury claims. Her practice also includes the representation of national and local retailers, recreational facilities, multi-family housing properties, and third-party property management companies in claims involving negligent security, slip and falls, and other general liability issues.
In addition to premises-related litigation, Amanda represents both commercial and individual clients in automobile negligence cases, including bodily injury and uninsured/underinsured motorist claims. She has achieved favorable results at mediation and in jury trials, earning the trust of her clients through her litigation experience and practical, results-driven approach.
Amanda is an honors graduate of the Georgia Institute of Technology (Georgia Tech) and earned her Juris Doctor, cum laude, from Villanova University School of Law. While in law school, she was an elected officer of the Student Bar Association and served as both Staff Writer and Managing Editor for the Sports and Entertainment Law Journal. During that time, she also gained valuable judicial experience as a Judicial Extern for the Honorable Charles R. Weiner of the United States District Court for the Eastern District of Pennsylvania.
Before joining Cobb & Gonzalez, Amanda was a Shareholder at a prominent regional defense firm, where she served as Co-Chair of the Premises & Retail Liability Group. In that role, she successfully defended a broad range of clients in high-stakes premises and general liability litigation.
Honors and Awards
- Super Lawyers Rising Star, 2016-2022
Admissions
- Florida Bar 2007
- Middle District of Florida 2007
- Southern District of Florida 2019
Education
- Villanova University School of Law, Juris Doctor
- Georgia Institute of Technology, Bachelor of Science, Magna Cum Laude
PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME
- 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.
- 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.
- 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.
Professional, Trade & Philanthropic Affiliations
- Claims & Litigation Management Alliance (CLM)
- National Retail and Restaurant Defense Association (NRRDA)
- Orange County Bar Association
- Florida BBQ Association, Certified Judge
- “Incident Prevention and Response Hits Close to Home,”Multi-Housing News, May 19, 2021
- “Guarding the Details: Before Claims Become Lawsuits,”NUClaims Magazine, Covering the Business of Loss, Jan/Feb 2021
- “Smile, You’re on Camera: Are You Ready For Your Close-Up? How Video Footage Can Help Mitigate Risk,”Leisure & Hospitality International, October 2018
- “Incident Inside a Resident’s Unit? Here’s the Landlord’s Obligation,” Multi-Housing News, January 16, 2018
- “Podlucky: ‘Let the Meat Speak For Itself’ – Orlando Lawyer Goes Hog-Wild For BBQ,”profile feature in Florida Bar News, October 2017
- “How Restaurants Can Protect Themselves From Slip and Fall Claims,”FSR Magazine, July 2017
- “Both Sides of the BBQ Bench,”Florida Super Lawyers Magazine, June 2017
- “Only You Can Help Prevent Preservation Issues,”Claims Journal, October 24, 2016
- “Restaurant Liability: The Best Defense is Following the Rules – Your Rules,”Modern Restaurant Management, February 2016
- “How Social Media Savvy Can Help You Investigate Claims,”Claims Journal, May 29, 2015
- “Avoiding Frequent Liability Pitfalls in Common Areas,”Multi-Housing News, November 2014
- “Upping Security – Negligent Security Claims Liability is No Joke,”Leisure & Hospitality International, Fall 2014
- “Dodging Liability: Strategies for Avoiding Costly and Consuming Injury Claims,”Chain Store Age, April 28, 2014
- “Negligent Security Claims – What Every Biz Owner Should Know,”Orlando Business Journal, September 27, 2013
- “Slips Happen: What Every Restaurant Should Know About Slip-and-Fall Incidents,”FSRmagazine, September 10, 2013
- “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