CSK Defense Team
Tampa Partner Brian Rubenstein
Tampa Associate Breonna Washington
Miami Partner Michael Brand
Case Summary
This matter arose from a slip-and-fall inside an industrial freezer operated by a food manufacturing Defendant. The Plaintiff, an outside contractor, alleged the company allowed a hazardous condition to develop when freezer doors were left open, causing condensation and ice.
He sustained an ankle fracture requiring two surgeries and claimed approximately $350,000 in medical expenses and lost wages, ultimately seeking $4 million in damages.
Defense Strategy
The CSK Defense Team focused on establishing that the Plaintiff’s own conduct was the primary cause of the incident. Evidence showed he was an experienced contractor familiar with the freezer environment and aware that ice could form when doors remained open.
Through testimony and cross-examination, the defense demonstrated that the condition was open and avoidable and that the Plaintiff failed to take reasonable precautions. By clearly presenting the workplace conditions and the Plaintiff’s responsibilities, the defense reframed the case around accountability and personal responsibility.
Outcome
After three hours of deliberation, the jury assigned 60% of the fault to the Plaintiff. That majority fault finding eliminated any recovery, resulting in a zero-dollar award and a complete defense verdict. Final Judgment was entered in favor of the defendant.
The verdict underscores how clear evidence of personal responsibility and fault allocation can decisively defeat high-value premises liability claims.
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