Steven Cornman, of the Miami office, obtained a defense verdict from a Miami-Dade County jury in a slip and fall case against Anthony’s Coal Fired Pizza (Kendall, Florida location). Plaintiffs, a 57 year-old seamstress, and her husband, claimed that Anthony’s was negligent for failing to warn Plaintiff of an alleged dangerous condition (ice/water on the floor) and for allegedly failing to maintain the premises in a reasonably safe condition. Plaintiff alleged that she slipped and fell on a slippery substance while walking down a ramp inside the restaurant.

Anthony’s presented evidence at trial, through three fact witnesses, that there was no ice or water on the floor, and that Plaintiff tripped because she was distracted, not watching where she was walking, and because she was wearing unstable shoes. Plaintiff suffered a left patellar fracture and was taken to Kendall Regional Medical Center after the accident. After a one month delay in treatment due to heart problems, Plaintiff underwent surgery to repair her kneecap, which was broken in half. Plaintiff claimed to have permanent injury to her left knee, including ongoing pain and loss of range of motion. She alleged that she experienced daily pain, could not walk long distances, could not ride a bike, could not play with her granddaughter, and could not bend or squat normally. The defense expert testified that Plaintiff had a good surgical result and would likely experience decreased pain and improved range of motion if she had the hardware removed from her knee. After approximately 15 minutes, the jury returned a complete defense verdict.