FOR IMMEDIATE RELEASE
June 3, 2021
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
DEFENSE VERDICT FOR FAST-FOOD CHAIN AND
RESTAURANT OPERATOR IN PREMISES LIABILITY CASE
DUVAL COUNTY, Fla. ― QPWB obtained a defense verdict on behalf of a fast-food chain and restaurant operator following a four-day jury trial in Duval County, Florida. The matter involved a woman who tripped over a speed bump in the restaurant’s parking lot. The speed bump was painted white and the parking lot asphalt was grey in color. Plaintiff sustained a femur fracture and had significant medical bills as a result. Plaintiff made an array of arguments including that there should not have been a speed bump in the parking lot, that the speed bump should have been painted yellow and the way the speed bump was painted acted to camouflage the change in elevation.
At trial, the Defendants argued the Plaintiff had not paid attention to her surroundings which is what caused her injury. Defendants introduced evidence to show the applicable regulations and standards were met and there was no requirement that the speed bump be yellow. Also, the manner in which the speed bump was painted was shown to be appropriate and that it had just been painted 10 days before the Plaintiff tripped. Additionally, Defendants were able to show that approximately 700,000 people had entered that restaurant over an 11 year period and there were no instances of anyone tripping over the speed bump previously. Plaintiff was repeatedly impeached over her failure to disclose significant, relevant injuries and medical conditions she had both before and after the incident.
At trial, Plaintiff had asked the jury to award $855,816.40 for her damages. After deliberating for about 90 minutes, the jury reached a defense verdict.