G. Jeffrey Vernis (N. Palm Beach, FL) and Bill Hyland (Deland/Central FL) (Premises Liability) obtained a favorable Jury Verdict after a 4-day trial in matter of Greene v. Lowe’s in Lake County, Fl. The Plaintiff claimed serious injuries to her left knee and right hip, requiring anterior cruciate ligament (ACL) reconstruction surgery as a result of hitting her knee on an open drawer in the hardware aisle of Lowe’s. The Plaintiff contended she suffered an ACL tear to her left knee that required surgery and extensive reconstruction of her knee, with total medical bills exceeding $115,000. The plaintiff claimed her severe knee and hip pain was ongoing and made her walk with a severe limp and would require at least one additional surgery to repair her knee. The Defense denied any negligence and argued that the incident was an unfortunate accident and not negligence. At trial, the defense introduced the store security video of the proximity of the incident showing the plaintiff walking normally after the incident. The defense also called two expert physicians that testified the plaintiff’s MRI of her left knee was completely normal and surgery was not reasonable, necessary, or causally related to the incident.
At mediation, the Defendant had offered $50,000 and subsequently filed a Proposal for Settlement (PFS). The Plaintiff last demand at mediation was $675,000 and subsequently filed a PFS for $425,000. At trial, the plaintiff’s asked the jury for an award of $1,900,000 in damages. The jury returned a total verdict of $6,218.40 assigning 95% comparative negligence on the plaintiff, for a net verdict of $310.00. The Defendant is preparing their motion to recover attorney’s fees and costs incurred in the defense of the claim. If you would like any further information about this successful win, please contact us at GJVernis@national-law.com or WHyland@Florida-law.com.