Defense Verdict: Premises Liability (Volusia County, Florida)

Orlando Partner Mike Tyson and Associate Oscar Draughn obtained a defense verdict on behalf of a national retail department store in Volusia County, Florida, last week.

This case arose from an alleged slip and fall in the fragrance department of the store, where Plaintiff worked as an independent perfume vendor. Plaintiff’s counsel contended that the slip and fall was caused by an accumulation of perfume on the floor because of the way perfume is marketed and sold in the fragrance department. Specifically, it was alleged perfume accumulated on the floor of the fragrance department as a result of it being sprayed into the air and on perfume strips for customers. Eyewitnesses testified that the floor was not slippery that day, all regular cleaning processes had been followed, and that Plaintiff was not looking where she was going at the time of the incident, causing her to trip over her own feet. Additionally, there was no evidence presented that established that our client had actual or constructive notice of the alleged dangerous condition.

As a result of the fall, Plaintiff sustained a fractured wrist and a fractured hip which required surgery to repair, along with a recommendation for a future hip replacement and significant ongoing need for medical treatment to manage her injuries. Plaintiff’s medical records pre-dating the incident showed a history of osteoporosis and an inconsistent use of the medications prescribed to treat the condition.

Reasonable efforts to settle the case prior to trial were not successful, and Plaintiff’s counsel asked the jury for $2.5 million at closing. The jury found no negligence on the part of our client and returned a complete defense verdict.

Congratulations Mike, Oscar, and the entire team that worked on this file. The client is very happy with this result.