RomanR/Shutterstock.com$264,852 Awarded for Waitress' Kitchen Fall
The jury was asked to set damages after the property manager's staff mopped the kitchen floor.
November 05, 2018 at 10:56 AM
2 minute read
PREMISES LIABILITY
PALM BEACH CIRCUIT COURT
A jury awarded $264,852 to a waitress who slipped and fell on the job.
On Jan. 31, 2012, Kerry Marcus, then 42, entered the kitchen of Flakowitz Deli in Boynton Beach when she slipped on a recently mopped floor, struck a table and fell to the floor. She claimed she suffered bursitis and partial rotator cuff tears in her right shoulder, and an aggravation of a herniated cervical disc. Marcus claimed the property manager, Lang Management Co. Inc., mopped the floor earlier than it agreed and failed to put up signs warning of the wet floor.
Defense counsel claimed Marcus should have heard the wheeled mop bucket and noticed the wet floor. Marcus recovered $234,720 after an offset for comparative liability and adjusted medical costs.
Case: Marcus v. Lang Management
Case No.: 50-2013-CA-014258-XXXX-MB
Plaintiffs attorneys: Steven M. Singer, Law Offices of Steven M. Singer, Plantation, and Ken Sobel, Sobel Legal, Fort Lauderdale
Defense attorneys: Thomas A. Berger and Nadine J. Foehl, Boyd & Jenerette, Boca Raton
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