Favorable Verdict: Broward County, Florida (Premises Liability)

Orlando Partners, Mike Tyson and Kelley Godfrey, obtained a very favorable verdict on behalf of a hotel and resort client in a slip and fall case in Broward County, Florida.

Plaintiff’s injuries were a fifth metatarsal fracture in the left foot, and the main driver of the case, an alleged neck injury that culminated in a C3-C6 fusion surgery. She claimed past medical bills of $380,000 and future medicals of $160,000.

Throughout the case Mike and Kelley focused on the delayed onset of neck complaints and repeatedly highlighted the four initial visits to healthcare providers following the fall where Plaintiff directly denied neck pain and complained about the foot only. Through a canvassing of local hospital records, a prior car accident which sent Plaintiff into the E.R. in a cervical collar was also discovered. This was featured throughout the trial, as this record indicated not only neck pain after the collision, but a history of “bulging discs x2” and “spinal stenosis” as reported in the E.R. years before the subject slip and fall.

After a five day trial, Plaintiff’s counsel asked the jury for $4.6 million. In the Defendants’ closing, the jury was told to disregard the neck injury, and to compensate Plaintiff only for the foot injury—which was comprised of $689.00 in urgent care visits, and whatever pain and suffering the jury found appropriate for a few weeks in a boot. The jury came back with a total damages award of $21,700.00 which included $700.00 in past medicals and just $21,000.00 in past pain and suffering.

Efforts to resolve the case in the week leading up to the trial were rejected. Due to the rejection of a prior Proposal for Settlement, our client will be entitled to seek fees and costs dating from October 2023.