Defense Verdict in Premises Liability Case
Posted in Newsletters, Newsletters - 2020, Verdicts and Settlements on January 14, 2020
Cristobal Casal, managing partner, and Yasmine Kirollos, an associate, in the firm’s Fort Myers office, obtained a defense verdict in a premises liability case tried over 4 days in Charlotte County, Florida.
Plaintiff claimed that she slipped and had a near fall in the service bay of a local automobile dealership. She alleged that the dealership allowed a dangerous condition consisting of an unidentified liquid to exist in the service area where customers would routinely drop off their vehicles for service. She further alleged that there was no warning communicated to her as to the presence of the liquid, nor of the slippery nature of the surface of the floor on which she had her near fall incident. Defendant contended that it had a well-established set of policies and procedures in place for patrolling, inspecting, and maintaining the service area free and clear of any potential slip or trip hazards. Defendant also denied that there was any such substance on the date of the incident.
As a result of the near fall, Plaintiff alleged that she suffered a neck, right shoulder, and low back injury for which she received extensive treatment. Plaintiff underwent a two level anterior cervical disc fusion (ACDF) and incurred almost $250,000.00 in medical bills that she boarded at trial. She also alleged an inability to have constant employment from the date of her injury through her expected age of retirement of 65 or 70. The Plaintiff asked the jury to award $2,500,000.00 at the close of trial.
The jury deliberated for less than 90 minutes before rendering its verdict of no liability against the Defendant.