January 25, 2011
305-670-1101 Ext. 1023
FORT LAUDERDALE – QPWB trial attorney, David M. Tarlow proved that his client, a retailer, enforced appropriate safety procedures to prevent accidents. The plaintiff, age 39, claimed she injured her neck and back when she fell after slipping on water splattered on the floor from a roof leak. The store had placed a caution cone between two containers that had been collecting the dripping water. The plaintiff argued that a single caution cone was not sufficient warning and that occasional dry mopping of the floor was not reasonable maintenance, considering the dangerous condition.
Plaintiff began treatment with a chiropractor for cervical and lumbar pain. An MRI showed two herniations in her cervical spine. When conservative treatment failed, she elected to undergo a two-level cervical anterior discectomy with fusion. Despite the surgery, continued complaints of pain persisted and she was diagnosed with myofascial syndrome.
Her treating neurosurgeon testified that she would need $320,000.00 in future medical care and treatment. At the time of the trial, the plaintiff had already incurred $92,000.00. The defense was not able to find any pre-accident medical records for complaints of cervical pain or discomfort.
During the five-day trial, the store surveillance video helped the defense show that despite the roof leak, the store took numerous safety measures to prevent slip, trip and fall accidents. Defense counsel also argued that the operative report and pathology report demonstrated that the herniations were pre-existing in nature and not the result of a traumatic accident.
The jury deliberated approximately two hours before returning a defense verdict, finding no negligence on the part of the store.
Quintairos, Prieto, Wood & Boyer, P.A., is a full-service business law firm with more than 100 attorneys collaborating across major practice areas in seven offices located throughout Florida, including Miami, Fort Lauderdale, Fort Myers, Tampa, Orlando, Jacksonville and Tallahassee. QPWB provides comprehensive legal services to individuals and organizations of all sizes throughout the U.S. and the U.S. Virgin Islands.