FOR IMMEDIATE RELEASE
July 30, 2009
|Contact: Eric W. Boyer, Esq.
305-670-1101 Ext. 123
QPWB SECURES DEFENSE VERDICT FOR PENSACOLA RESTAURANT IN PREMISES LIABILITY CASE
Teresa A. Arnold-Simmons
Ashley B. Winstead
PENSACOLA, Fla. — Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) trial attorneys, Teresa A. Arnold-Simmons, managing partner of the Jacksonville office and Ashley B. Winstead, obtained a defense verdict in a premises liability case in which an eight-year-old girl was injured when she fell on a concrete rock in the patio area of a beachside pizza restaurant, where she was dining with her family.
It was around sunset and after placing their dinner order the girl asked for permission to go and see the gazebo located in the patio area. Her parents let her go unsupervised. She later returned complaining of an elbow pain and indicated where she had fallen. Her father went to the area finding a rock that was set beside the patio and measured 2 feet by 18 inches, and 6 inches in height. The rock, used as an erosion guard, was not painted to highlight its presence. Although there were no eyewitnesses, the plaintiff asserts she tripped on the rock as it had already become dark.
To prevail, the defense needed the jury to understand that the rock was not in a known pathway and that there had been no previous accidents due to the rock. Moreover, the parents, who were sitting at a table only five feet away from where she fell, did not hear anything.
The child broke her elbow and alleged permanent nerve damage. After a two-day trial, the issue went to the jury on negligence by the business owner and comparative negligence by the child and parents. The Escambia County court jury did act quickly, deliberating for just over an hour, when they returned with the defense verdict.
Quintairos, Prieto, Wood & Boyer, P.A., is a Florida-based law firm providing legal services to corporations, government entities and individuals in the areas of commercial and civil litigation. With six offices throughout the State including Miami, Ft. Lauderdale, Orlando, Tampa, Jacksonville and Tallahassee, and attorneys licensed in several states including the U.S. Virgin Islands.