News & Events

Cristobal Casal and Yasmine Kirollos, both partners in the Fort Myers office, obtained a defense verdict in a premises liability personal injury lawsuit involving a slip and fall at a Naples hotel.  The hotel was sued under allegations that it allowed a dangerous condition to exist on an exterior staircase on which the Plaintiff alleged that he slipped and fell.  Plaintiff was an out-of-town guest who claimed that the hotel’s air conditioning units were leaking water out onto the exterior walkway which then made its way onto the staircase resulting in algae and mold developing on the steps over time.  Defendant denied that any such condition existed on the steps or the walkway.  

As a result of the alleged fall, Plaintiff sustained a comminuted calcaneal fracture of his left foot which ultimately required subtalar fusion surgery.  Plaintiff also claimed to have sustained an aggravation of a pre-existing neck and low back condition.  Plaintiff boarded more than $106,000.00 in incurred medical expenses and asked the jury to award him that in addition to past and future pain and suffering damages.  The trial took place over three days in Collier County, Florida.  The jury deliberated for a little more than an hour before rendering their verdict in favor of the defense.  The hotel will be entitled to pursue its attorneys’ fees and costs as there was a Proposal for Settlement served on the Plaintiff that was allowed to lapse.