FOR IMMEDIATE RELEASE
May 13, 2010

QPWB OBTAINS DEFENSE VERDICT FOR PUBLIX SUPER MARKETS

Andrew S. Connell, Jr.

BROWARD COUNTY, Fla.  − Andrew S. Connell, Jr. and Mark A. Sodhi, trial attorneys in the Fort Lauderdale office of Quintairos, Prieto, Wood & Boyer, P.A., obtained a defense verdict on behalf of Publix Super Markets, Inc., in a negligence action brought by a grocery shopper who slipped and fell on water upon entering the supermarket on August 5, 2005.  The 63-year-old woman alleged the water dripped from a motorized cart brought into the store by an employee while it was raining outside.

The plaintiff’s argument relied heavily on the store’s loss or destruction of recorded images depicting the occurrence of the incident. The defense argued that the store had inadvertently recorded over the video; and although the plaintiff insinuated otherwise, best efforts were made to preserve the video.

The defense also explained that the plaintiff did not fall on water dripping from a wet motorized cart; rather, that water was spilled onto the floor just seconds before the fall when another customer placed a dripping-wet umbrella into an umbrella plastic sleeve.

In January of 2006, the plaintiff underwent a percutaneous discectomy at L4-5 and L5-S1, performed by Dr. Dennis Zaslow.  By July 2009, Dr. Zaslow had passed away and the plaintiff began treatment with a new physician, Dr. Scott Katzman, who opined that she would need a discogram, followed by a two level open discectomy and fusion at L4-5 and L5-S1, in the future.  Plaintiff incurred approximately $65,000 in past medical bills, all of which were under letters of protection.

Finally, with the defense verdict, the jury sided with Publix’s causation defense that plaintiff’s herniated lumbar discs not only predated this incident, but were unrelated to the slip and fall accident at Publix.  Jurors also agreed with the defense on two major points raised:  that there was no intentional manipulation to erase or destroy the video images and that the rainwater came into the store from the actions of another customer and not from a store associate.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is a full-service business law firm with more than 100 attorneys collaborating across major practice areas in seven offices located throughout Florida, including Miami, Fort Lauderdale, Fort Myers, Tampa, Orlando, Jacksonville and Tallahassee.  QPWB provides comprehensive legal services to individuals and organizations of all sizes in local, state, national and international matters.