Jeffrey Vernis (N. Palm Beach, FL) and Timothy Kazee (Deland, FL) (Premises Liability) obtained a Defense Verdict after a week-long trial in Volusia County, Florida, in a case in which the Plaintiff demanded more than $1.3 Million. In 2019, the Plaintiff was shopping at Lowe’s Home Centers, LLC, and there was a pallet at the indoor garden center entryway. The aisle was blocked-off as workers were operating equipment and moving products. After entering the building, the Plaintiff walked with his wife around the pallet to a shelf to shop at the restricted aisle. A Lowe’s employee told the Plaintiff to leave the restricted area, and he backed up and fell on the pallet. The Plaintiff’s liability expert (George Zimmerman) testified that Lowe’s violated numerous codes and ordinances, and the Plaintiff argued Lowe’s violated its own policies and procedures through its pallet placement. Lowe’s offered the testimony of its corporate representative and employees to show that code, ordinances, policies, and procedures were not violated. The incident was captured on store surveillance.
As a result of the incident, the Plaintiff claimed severe injuries to his knees, hip, and back, and he underwent multiple injections and an extensive back surgery. He incurred more than $144,000 in past medical expenses. Plaintiff’s life care planner projected annual invasive procedures and a surgery, and total economic damages were demanded in excess of $550,000. Lowe’s offered expert testimony of an orthopedic surgeon to show that Plaintiff’s injuries were temporary aggravations of pre-existing arthritic conditions, despite the absence of any prior complaints or treatment for the area of operation and continued treatment. The Defense moved for Directed Verdict. After extensive argument, the Court granted Lowe’s Motion for Directed Verdict as to open and obvious condition (no duty to warn) and granted as to no hazardous condition for which Lowe’s had knowledge superior to the Plaintiff (no duty to correct) but left for the jury to decide whether Lowe’s breached the duty to maintain the premises in a reasonably safe condition. After a very brief deliberation, the jury returned with a verdict finding that Lowe’s was not negligent. The Court has reserved jurisdiction for post-trial motions, including Defendant’s pending Motion to Tax Fees & Costs to the Plaintiff based upon a Proposal for Settlement.