Amanda J. Podlucky
A member of Marshall Dennehey's Casualty Department, Amanda represents clients in premises liability and automobile negligence matters. With regard to 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. Amanda additionally 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 Marshall Dennehey, Amanda was an associate at a Florida-based corporate and insurance defense law firm, where she served as a division leader, managing a full case load and defending clients in both premises liability and automobile liability matters.
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, and Terra Resort Villa Homeowners Association Inc., No. 6D23-1256 (Fla. 6th DCA May 16, 2023).
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.
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
"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