Defending A Fall Case with Difficult Circumstances
Tampa attorneys Richard Mangan, Kelsey Campbell and Cami DiGiacomo recently secured a defense verdict on behalf of a national retailer in Hillsborough County, Florida.
The case stemmed from an alleged slip and fall with no video of the incident, but in a store known for prior falls in the past few years. Additional challenges for the retailer included lack of evidence of a final inspection plus safety sweet documentation. The defense focused on the open and obvious nature of the large spill and the lack of prior falls in the children’s section of the store.
The plaintiff was a 38-year-old with nearly $100,000 in past medical expenses and a recommendation for future spinal surgery. She asked the jury for $5,000,000 in damages. The defense argued that the plaintiff had not met her burden of proof as to constructive notice; alternatively, if the jury found that she did, she should bear 50% of liability due to her own negligence.
After five hours of deliberations, the jury returned a verdict in the retailer’s favor.
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