Volusia County Jury Returns Complete Defense Verdict in Premises Liability Case

CSK Defense Team
Tampa Associate Jeffrey Kremp
Orlando Partner Scott Shelton

Case Summary
The Plaintiff filed a premises liability lawsuit against a property owner, alleging she was injured while making a delivery to the Defendant’s property. She claimed she slipped and fell on what she described as a piece of “strange fruit” on the front steps, resulting in serious injuries. The Plaintiff alleged the Defendant negligently maintained the property and failed to keep the walkway safe, seeking significant damages for medical treatment and future losses.

Defense Strategy
The CSK Defense Team focused on challenging the credibility of the Plaintiff’s account and emphasizing the lack of supporting evidence. No witnesses observed the alleged fall, and there was no physical evidence confirming the presence of fruit on the property. Testimony further established that there were no fruit trees on or near the Defendant’s property, and no clear reason for the Plaintiff to be in the area where the incident allegedly occurred. Through a focused opening statement and strategic motions, the defense highlighted inconsistencies in the Plaintiff’s version of events and questioned whether the incident occurred as alleged.

Outcome
After hearing the evidence, the jury found no negligence on the part of the Defendant and returned a complete defense verdict. The jury deliberated for less than ten minutes, concluding the case without any award to the Plaintiff. This outcome underscores the importance of challenging unsupported claims in premises liability cases and reinforces that Plaintiffs must prove both the existence of a dangerous condition and that it was caused by a Defendant’s negligence. It also demonstrates how thorough preparation, effective credibility challenges, and a clear presentation of the facts can be decisive—particularly where the Plaintiff’s account lacks evidentiary support.