Women Who Fell on Sidewalk Blamed Owners' Association
A skull fracture from a fall on an uneven sidewalk brings a $1.5 million award.
July 08, 2019 at 10:31 AM
1 minute read
PREMISES LIABILITY
SEMINOLE CIRCUIT COURT
A jury awarded nearly $1.5 million to a woman who tripped and fell on an uneven portion of a sidewalk.
Marie Fields fell on Primera Boulevard in Lake Mary in June 2014. She suffered fractures of her skull and nose. Fields sued the sidewalk's owner, Primera Owners Association Inc., claiming it was liable for a dangerous condition. She claimed tenants in the buildings on the boulevard complained for years about uneven sections of the sidewalk, but the association failed to remedy the issue.
The defense argued the uneven sidewalk was an open, obvious condition and Fields should have been able to avoid it. The jury determined the association was negligent, and it awarded Fields $1.49 million.
Case: Fields v. Primera Owners Association
Case No.: 2016CA002575
Plaintiffs attorneys: Keith R. Mitnik, Matt Morgan and Nick Russo, Morgan & Morgan, Orlando
Defense attorneys: David K. Rader and Robert A. Swift, Cole, Scott & Kissane, Orlando
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