We obtained a jury verdict in a slip and fall
case against BJ’s Wholesale Club in February 2017. The case occurred at the BJ’s Wholesale Club in Cutler Bay on December 24, 2011, while our client *Allison, was at the store with her sister doing last minute shopping for Christmas dinner. While at the store, Allison slipped and fell on water that had pooled on the floor. We later learned that the water came from a refrigerator that was leaking water for days.
Emergency medical services arrived and took Allison to the hospital. A few days later, she began treating with a chiropractor. After undergoing MRIs to her neck and back, she began treating with an orthopedic specialist. Over the next few years, Allison needed to undergo two surgeries to her neck and one to her back
The defense focused their case our client’s injury history. Specifically, that she had a car accident in 1997 for which Allison had some neck pain and subsequent treatment over the next 2 years. The real issue for the defense was that on the day of the accident, an independent witness allegedly told a BJ’s employee that Allison staged her fall. However, at the deposition of the alleged witness, she did not recall making any such statement. We filed a motion in limine essentially arguing that defense should not be permitted to introduce any evidence regarding the alleged staging of the incident which the Court granted.
The plaintiff’s case was tried by Rubenstein Law attorneys Gregory Deutch
and Anthony Soto
. Defendant’s case was tried by Goldberg Segalla. After a 3 day trial, the jury returned a verdict for $1,026,618.39. Our client was also found comparatively negligent by 34%, reducing the final award to $677,568.14.
*Client names are changed for their privacy.