Rosenzweig, Mark & Sandra v. Lowe’s

Kristy Sanders (Deland/Central FL) and G. Jeffrey Vernis (N. Palm Beach, FL) (Premises Liability) tried the matter of Rosenzweig, Mark & Sandra v. Lowe’s, before a jury in Seminole County from June 14-17, 2021 and secured a Defense Verdict. Plaintiff alleged that while shopping at Lowe’s, he tripped over a partially curled up display rug. Plaintiff claimed he sustained injuries to his neck, back, both shoulders and both knees. Plaintiff had surgeries to his neck and both knees; PRP injections in both knees, shoulders and neck and his medical bills totaled over $286,000. Plaintiffs demand was over $1M and was reduced just prior to trial to $670,000. Defendant filed a proposal for settlement for a total of $50,000 over a year before trial. During trial, Plaintiff alleged that Defendant was on notice that the rug display was a dangerous tripping hazard because it knew or should have known that rug corners have the tendency to roll upward as the result of humidity delaminating the two-sided tape adherent. Defendant countered by showing that no one, including the Plaintiffs saw the rug curled-up prior to the fall and that its policies and procedures were to check for safety issues every morning and throughout the day. Further, its loss prevention officer checked the rug personally at least once a week, if not more, to ensure that it was affixed to the floor. In addition, Defendant was able to show that the Plaintiff had numerous prior falls in stores causing similar injuries dating back to the 1990’s, including a similar fall also over a rolled-up corner of a rug, at another store just four years prior. Defendant was able to show that not only did the Plaintiff suffer similar injuries before the subject incident but failed to disclose those incidents/injuries to his own doctors and that the doctors’ opinion on causation were largely based on the credibility of a Plaintiff who failed to be honest with them or anyone throughout the litigation. At trial, the Plaintiff asked the jury for more than $1.8M. The jury was out for forty-five minutes and returned with a complete Defense Verdict. Defendants Motions to Tax Attorney’s fees and costs against the Plaintiff are pending.