MIAMI HUB – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) obtained a full defense verdict in a premises liability trial arising from a trip-and-fall accident in a shopping plaza parking lot. The Plaintiff originally demanded $1.56 million in damages, including over $1 million for pain and suffering and $500,000 for loss of consortium. After a strategic and evidence-based defense, the jury returned a $0 verdict.
Overview of the Case
The lawsuit involved a woman who fell while walking through the parking lot of a shopping plaza in South Florida, where she had just finished grocery shopping with her husband. The Plaintiff alleged that a defect in the asphalt, concealed by leaves, caused her heel to catch and led to her fall and resulting injuries.
She sought $1.56 million in total damages: more than $1 million in pain and suffering, and $500,000 for her husband’s loss of consortium claim. However, she could not clearly identify the cause of her fall, and there were no eyewitnesses. It wasn’t until days later that her husband returned to the scene, took photographs, and concluded that the asphalt defect must have been to blame.
Key Difference-Makers
- Trelvis Randolph – Miami Partner & First Chair at Trial
- Rebecca Aroca – Miami Partner & Second Chair at Trial
- Michael Logan – Miami Associate
Administrative Support:
- Amanda Zesueira – Paralegal
- Esther Lopez – Legal Assistant
- Jocelyn Tud – Legal Assistant
Claims Made Against Our Client
- Plaintiff alleged that an unmarked defect in the parking lot caused her fall.
- Claimed the defect was obscured by leaves, making it a hidden and dangerous condition.
- Sought $1.56 million in total damages, including pain and suffering and loss of consortium.
Defense Strategy
QPWB’s legal team mounted a well-coordinated trial defense focused on undermining the Plaintiff’s causation theory. The Plaintiff admitted she did not know what caused her fall at the time. By the time blame was assigned to the asphalt defect, it was based entirely on retrospective assumptions and photographs taken days later.
The defense team effectively argued that:
- The Plaintiff failed to provide a direct causal link between the alleged defect and her fall.
- Simply having a defect present is not enough to establish negligence or liability.
- Although the grocery store was the anchor tenant of the shopping plaza and attracted the majority of foot traffic, the defense established that it bore no legal responsibility for maintaining the common areas—including the parking lot—under the terms of its lease agreement.
- The Plaintiff had a documented history of prior falls and medical issues, painting a more complex picture of her health and stability.
The defense further used the Plaintiff’s own expert testimony to show that her fall could not have occurred as described at trial, successfully dismantling the core narrative of the case.
Impact on Final Outcome
The jury returned a full defense verdict, awarding $0 in damages. This represents a complete rejection of the Plaintiff’s $1.56 million claim and validated the defense’s position that neither negligence nor causation had been established.
This win spared QPWB’s clients from substantial financial exposure and affirmed the strength of their defense in high-stakes premises liability claims.
Unique Aspect of This Case
The Plaintiff could not testify to what caused her fall—an unusual circumstance that undercut the credibility of her claims. The theory of liability emerged only after photographs were taken days later, and was not supported by any eyewitness or contemporaneous evidence. Additionally, the Plaintiff’s medical history of similar falls allowed the defense to raise serious doubts about causation.
Predicting the Future
This outcome highlights QPWB’s reputation for excellence in courtroom litigation, particularly in cases involving multi-million dollar demands and emotionally charged narratives. It underscores the firm’s proven ability to challenge speculative claims, deconstruct emotionally compelling narratives, and deliver successful trial outcomes. Clients facing high-exposure premises liability claims can trust that QPWB will respond with preparation, strategy, careful investigation, and steadfast advocacy—presenting fact-driven, persuasive defenses that hold up in court.
Key Actions in This Case
- Discredited causation by emphasizing Plaintiff’s lack of contemporaneous knowledge.
- Used Plaintiff’s own expert to rebut her trial testimony.
- Proved that the grocery store had no contractual duty to maintain the parking lot.
- Presented full medical history to challenge injury claims.
About QPWB
Quintairos, Prieto, Wood & Boyer, P.A. is the largest minority and women-owned law firm in the United States. With 49 offices nationwide and over 100 areas of practice, QPWB delivers trusted litigation, regulatory, and corporate legal services across a wide range of industries.