Tallent vs. Pilot Travel Center, LLC.
Charlotte County FL. Oct. 2014. Two arthroscopic surgeries: shoulder tear plus aggravation of knee arthritis. Facts: Diesel spill near pumps of a Flying J truck stop believed to be near Tampa. Prior trucker had overfilled his truck with diesel fuel, causing a spill 15-20 minutes before. Apparently the court felt this was enough for actual or constructive notice required under 768.0755. But plaintiff knew about the spill, had walked through the area several times, and the defendant had placed barrels to barricade the area. Defendant also reported that it takes 30-60 minutes to clean diesel spills using an oil absorbent. Jury found plaintiff 35% responsible, so award will be reduced that percentage.
Milena Krusteva v. Gaymart USA.
DOA: Feb 2012. DOV: July 2014. Breakdown of Award: $147,055.00 to plaintiff for past loss of earning capacity, $600,000.00 to plaintiff for future loss of earning capacity, $44,000.00 to plaintiff for past medical expenses, $126,000.00 to plaintiff for future medical expenses, and $3,800,000.00 for future pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a disease or physical defect, and loss of capacity for the enjoyment of life. Plaintiff slipped and fell on spilled drinks on a dance floor at the Atomic Bomb Nightclub in Ft. Lauderdale, Florida (Broward County). The extent of her injuries or treatment is unknown, but is believed to have been very serious and/or catastrophic based on the exceptionally high verdict. The plaintiff alleged that the defendant failed to properly maintain the dance floor and used dim lighting that prevented her from seeing the spill.
Andrea Thompson vs. Diocese of Palm Beach Inc.
Sept. 2014. Palm Beach County. Woman slipped and fell on poorly constructed exterior sidewalk at a church located in Boca Raton, Florida. DOA: 2009. 39 year old plaintiff had undergone 4 surgeries and will need at least 2 total knee replacements in the future. The plaintiff sued the church, the general contractor who built the church, and the subcontractor who built the sidewalk. The subcontractor settled before trial. The other defendants offered as much as 500K to settle before trial. The defendants conceded liability and went to trial solely on damages.
Christian v. Venetian Condo.
Jury verdict / Sept. 2014. Broward County. DOA: Aug 2011. Plaintiff slipped and fell due to a slippery substance on the parking garage floor at the Venetian Condominium in Fort Lauderdale, Florida. Plaintiff suffered unspecified personal injuries. Unknown facts regarding details re: the slippery substance. Breakdown: $39,029.72 for past medical expenses, $100,000 for past pain & suffering, and $150,000 for future pain & suffering.
William Joseph Cohen v. Renaissance Hotel Management Company.
DOA: July 2010. Miami-Dade County. The Plaintiff slipped and fell on a wet and slippery wooden deck near a pool at A Renaissance Resort & Spa in Miami, Florida. He sustained injuries to his shoulder, neck, back, mouth and wrist as a result (the extent of his injuries & treatment is unknown). The defendant alleged that there were three yellow warning cones on the deck. The jury found that the plaintiff was 50% responsible and the defendant was 50% responsible.
Rosa Garcia vs. Target Corporation.
Defense verdict. Oct. 2014. Broward County. Slip and fall on liquid substance at Target in Davie, Florida (DOA: June 2011). Facts about whether Target knew about the spill unknown, although Target claimed that warning signs were in place. Case removed to federal court.
As we learn from the above, even if problem areas are maintained properly, and even having yellow cone discs out to point out slippery surfaces, premises owners can and will still be held liable in slip and fall accidents.
We urge all property owners to please protect yourselves, your staff and your clients/guests and set up an appointment by contacting us today to consult with one of our experts and analyze your areas of concern.