Phil Wiseberg and Carter Lewis, of our West Palm Beach office, secured a complete defense verdict in a premises liability case in Palm Beach County.

The plaintiff, a 68-year-old woman, alleged she sustained significant injuries after a fall at a shopping center owned by our client. She underwent multiple procedures, including open reduction and internal fixation surgery, hardware removal, and ultimately a total ankle replacement. At trial, the plaintiff sought approximately $3 million in past and future pain and suffering damages.

The plaintiff claimed she tripped due to a low-profile change in elevation in a concrete sidewalk while walking through the shopping center. Evidence presented at trial established that the condition had existed in substantially the same form for many years and that the plaintiff had previously visited the property. The defense also presented evidence that the plaintiff was distracted immediately before the incident and challenged her account of how the fall occurred.

Throughout the trial, the defense focused on the plaintiff’s inability to clearly identify the cause of her fall and highlighted inconsistencies between her trial testimony and prior sworn testimony. Through cross-examination, the defense called into question the reliability of the plaintiff’s version of events and the factual basis for her claims regarding liability.

After deliberating for just over an hour, the jury returned a verdict finding no negligence on the part of our client.