Pedestrian With Walker Collects for Pothole Stumble
A $720,000 award went to a man who tumbled in the parking lot at the Cypress Creek Station retail plaza.
February 05, 2018 at 11:09 AM
1 minute read
PREMISES LIABILITY
BROWARD CIRCUIT COURT
A Fort Lauderdale restaurant and mall were found liable for a guest's injuries from a stumble in a parking lot.
In July 2015, Douglas Weber, 55, was leaving the Longhorn Steakhouse in the Cypress Creek Station retail plaza. He was using a walker for a torn quadriceps tendon in his left knee. He claimed he stumbled in a pothole, which re-tore the tendon and also tore the medial meniscus cartilage in each knee, requiring surgery. He argued the defendants failed to fix the pothole or warn customers.
The companies denied knowing of the pothole and argued Weber slipped on wet pavement and was inattentive. The jury found the restaurant and the mall each 45 percent liable and Weber 10 percent. Subtracting Weber's share of liability, the award of $800,000 was reduced to $720,000.
Case: Weber v. Rare Hospitality Management
Case No.: CACE15016223
Plaintiffs attorney: Adam D. Breit and Cam F. Justice, Justice Law, Plantation
Defense attorney: Leonard L. Gardner, McGuinness & Cicero, Sunrise
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