Clyde & Co in Miami secures directed verdict in decade-long high-exposure case

On July 15, 2026, after almost 10 years of litigation and eight days of what was the fourth trial of Artiles v. Martex, Fred Fein, Partner, David Wagner, Senior Counsel, and Miriam Hernandez, Senior Paralegal, from Clyde & Co in Miami obtained a directed verdict (DV).

The case involved the death of a 22-year-old air conditioning technician who fell through a skylight on a commercial warehouse owned and maintained by Clyde & Co's clients. The technician survived the fall but was severely brain damaged as a result. His parents terminated life after 18 months. 

The case proceeded to trial (this time) on a negligent failure to warn claim. The skylight was admittedly open and obvious, but plaintiffs claimed it contained a “concealed danger” in its material and strength which was known to the defendants but unknown to the decedent. Thus, they claimed Clyde & Co's clients should have warned him of this “concealed danger.” 

In short, the judge granted Clyde & Co's motion for DV finding that the plaintiffs failed to provide sufficient evidence to support three of the four elements necessary to establish a duty to warn.

A case such as this demonstrates Clyde & Co's experience with handling large, high-risk, high-exposure catastrophic claims and lawsuits.