Miami Partners, David Herrero and Michael Brand, secured a complete Defense Verdict in Miami-Dade County in a premises liability slip and fall case. Plaintiff alleged that she slipped and fell due to spilled milk within the Dairy Section of our Client’s Supermarket. The cause of the spill and Plaintiff’s fall incident were captured by the store’s CCTV surveillance cameras.
The Defense argued that our Client did not have actual or constructive notice of the spill caused by the customer prior to the Plaintiff’s fall, and moreover, that the Plaintiff and her significant other had prior notice of the spill, and that she purposely “fell” near the spill area after walking past the fall area several times while looking down at the floor prior to her fall which was supported by the CCTV surveillance video.
Plaintiff alleged permanent injuries to her spine and underwent lower back surgery. The defense medical experts rebutted the Plaintiff’s claims that her fall was a legal cause of injury to her alleged spine injuries. After the Court denied Defense Motions to Dismiss for Fraud Upon the Court, as well as competing motions for summary judgment, the case proceeded to trial.
During Closing, the Plaintiff asked the jury to award her over a $1m in both economic and non-economic damages. The Jury went into deliberations for half a day without reaching a verdict. The jury asked to return the following day for further deliberations. The next day, after several hours deliberating, the jury returned a Complete Defense Verdict for the Defense, determining that our Client was not negligent in causing the Plaintiff’s fall.
Defense had an expired Proposal for Settlement which allowed for fees and costs to be awarded.
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