Sherry Schwartz and David Weiger, Jr. obtained a complete defense verdict following a 6 day trial in Hendry County.
The case involved a trip and fall at a restaurant owned by the insured. Plaintiff alleged the curb at the entrance was hidden and not code compliant. As a result of the fall, she had severe shoulder and neck injuries requiring 5 surgeries and 733,000 in past medical bills. Total economics, not including pain and suffering was 2.1 million.
Although the defense conceded the curb was not compliant with the current code, the old code applied, and regardless of code issues, the sole cause of the accident was due to Plaintiff not being reasonably careful under the circumstances; this included carrying heavy items, not carrying an umbrella, wearing dark sunglasses in the rain, and related unsafe practices. Although causation was mostly uncontested, the defense was able to show via Facebook photos post fall, and medical records pre-fall, that plaintiff was making false claims both with regard to her current condition and pre-existing medical conditions that likely contributed to her not being able to see the curb - this included extensive documentation of episodes of vertigo, blurry vision, and dizziness. The jury was out in less than 2 hours.
David Weiger, Jr.
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