MSZL&M Premises Liability Group Scores Defense Verdict for National Retailer on Notice Issue
(May, 2019) New York Managing Partner Bradley J. Levien and Associate Anna Saruski recently went to trial in Broward County, Florida on behalf of a large, national retail chain. Plaintiff claimed to have slipped and fallen in one of their stores. Subsequent to the incident, she underwent two (2) arthroscopic surgeries on her left knee and one on her right. At trial, her doctor claimed that she would require knee replacements to both knees in the future. During closing arguments, Plaintiff’s counsel requested a jury verdict in the amount of $3.2 million. Pre trial, Plaintiff had rejected an offer of $110,000.
Mr. Levien and Ms. Saruski used video evidence, store employee testimony and expert testimony to demonstrate that their client did not have either actual or constructive notice of the spill. They also presented strong evidence to refute plaintiff’s claims of causal relationship between the incident and her alleged knee conditions. Surveillance video and aggressive investigation provided evidence that plaintiff had made a good recovery. At the conclusion of the case, the jury deliberated for three hours and rendered a defense verdict for our client.