Thomas Paradise, Esq. and Belinda Scott, Esq. (Broward/Hollywood, FL)(Slip and Fall)obtained a Dismissal in the case styled Nancy Garofolo v. Target.
The Plaintiff filed a lawsuit based on an incident that occurred at the cashier at a Target store. The Plaintiff, while loading items on the conveyor belt at the cash register, slipped’ (but did not fall) due to what she described as a dirty, slippery, wet substance on the floor, and sustained personal injuries. In her Answers to Interrogatories, Plaintiff claimed to have injured her right ankle, right knee and also allegedly sustained a large tear in her right shoulder. We had opposed the production of the surveillance video of the subject incident until after Plaintiff’s deposition in order to verify her testimony: the video called into question the Plaintiff’s claims, as it simply showed her looking down and stepping in/looking at something on the floor. However, during the course of discovery the Court ordered Target to disclose the surveillance video of the subject incident prior to the Plaintiff’s deposition.
Within days of receiving the video, Plaintiff’s Counsel filed a Voluntary Dismissal given that the video undermined the Plaintiff’s claims with regard to what had happened at the time of the incident.