Trip and Fall at Winn Dixie

Jan 22, 2003

OUTCOME: $325,000.00 recovery

An elderly client tripped and fell in the meat dept. at Winn Dixie when a water drain cover that was supposed to be locked and flush to the floor opened when she stepped on it, causing her to fall and ... break her hip. Liability was initially denied by Winn Dixie and a lawsuit was filed. The defendant claimed that it routinely performed safety inspections of the store every hour and that no problems were found at all prior to the accident by its former manager. The safety inspections would be recorded on a log by the person who performed the inspection. However, when the defendant's former manager was deposed, he admitted to being fired for performance reasons shortly after the accident. He then was asked whether there was ever an occasion when he would fill out the log stating he performed a safety inspection when in fact he did not really do the inspection. His answer was "sure...all the time." The defense attorney then nearly had a panic attack and the case settled shortly afterwards.

Food Poisoning Case vs. Hooters

Nov 19, 2002

OUTCOME: $405,000.00 jury verdict

Client ordered clams with vinegar at Hooters and was accidentally given clams and oven cleaner, which he ingested. He then claimed he lost his sense of taste despite having no burns or lesions in his ... mouth or throat, and despite not complaining about the loss of taste to any doctors for more than 1 year after the incident. Defense offered $12,000.00 and then $25,000.00 at trial. The jury thought otherwise.

Fall down at K-Mart

Nov 25, 1999

OUTCOME: $137,000.00 jury verdict

An elderly client fell down and fractured her pelvis when a K-Mart employee was helping her try on shoes without having her sit down on a bench first. The employee denied the Plaintiff's version of th ... e accident, but then admitted she never reported the accident to K-Mart despite procedures requiring her to do so. When asked during cross-exam why she did not report the accident to K-Mart, the employee stated that she found the plaintiff on the ground when she arrived at the scene, the plaintiff said she was OK, and then got up and left the store on her own. During cross-exam by Plaintiff's counsel, the employee was then asked whether she knew the plaintiff was taken out of the store on a stretcher, whether she knew the plaintiff broke her pelvis in the accident, whether she knew plaintiff was hospitalized for several days after the accident, and whether she knew plaintiff had to be retaught how to walk in rehabilitation afterwards, all questions which the employee answered "no." Despite such ridiculous testimony, K-Mart offered only $3,500.00 to settle. The jury then smacked K-Mart with a fair and just verdict.

Single Car Motor Vehicle Accident

N/A

OUTCOME: $1.3 million recovery