FOR IMMEDIATE RELEASE
March 13, 2008

Contact: Eric W. Boyer, Esq.,
Managing Partner/Operations
Email: eboyer@qpwblaw.com
Phone: (305) 670-1101

QPWB SECURES SUMMARY JUDGMENT IN PREMISES LIABILITY MATTER

David M Tarlow

MARTIN COUNTY, FL – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) ) trial attorney David M. Tarlow obtained a Summary Judgment on behalf of Wal-Mart, Inc. (Wal-Mart) in a slip and fall case in the case of Lenore and Arthur Leonard v. Wal-Mart, Inc.

On September 18, 2004, Plaintiff Lenore Leonard (Leonard) claimed she slipped and fell on a slippery floor while walking through the chemical isle at a Wal-Mart store in Stuart, Fla. Leonard claimed that Wal-Mart negligently failed to use reasonable care in maintaining the premises safe and to warn of dangerous conditions causing her to slip/trip and fall, alleging she sustained injuries to her knees, hand and back.

Leonard claimed she fell on a clear, slippery substance on Wal-Mart’s floor. Leonard testified in deposition that she was unaware of what the substance was and could not provide any details as to the nature of the substance other than to say it was slippery. A Wal-Mart associate’s written statement indicated there was no substance on the floor.

Leonard, a 32-year-old obese woman, had been previously diagnosed with Pseudotumor Cerebri, a syndrome disorder that elevates intracranial pressure, which usually occurs in young, overweight women between the ages of 20-45. Symptoms result in headaches, dizziness, nausea, tinnitus, and various visual impediments such as blurriness and horizontal diplopia.

On the day of the incident, hospital X-rays showed minimal to mild knee degenerative joint disease and no fractures in the lumbar spine. No further medical treatment was sought for the following seven months, although Leonard complained of knee pain to her primary care physician.

On November 21, 2005, Leonard underwent arthroscopic surgery to repair a partially torn medial meniscus. Five months prior, an orthopedic surgeon referred by plaintiff’s counsel commenced with treatments of physical therapy and injection therapy to Leonard’s spine.

Plaintiffs sought compensation for past and future medical expenses, past and future pain and suffering with claims totaling $75,000.00.

On March 13, 2008, the Honorable Sherwood Bauer, Jr. granted summary judgment in favor of Wal-Mart.

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Quintairos, Prieto, Wood & Boyer, P.A., is a civil defense firm with a wide variety of litigation services for healthcare companies, healthcare facilities, physicians and other healthcare licensed professionals and their insurers. The firm’s Litigation Department also provides general liability defense for all businesses, insureds and insurance companies. Our practice groups and industry-based teams ensure clients have access to attorneys with the best expertise, regardless of location. QPWB maintains a tightly integrated network of seven fully staffed offices, six in Florida and one in Mississippi with attorneys licensed in several states.