PREMISES LIABILITY

PALM BEACH CIRCUIT COURT

A woman was awarded more than $55,000 after she hurt her right knee when she fell in the parking lot of a West Palm Beach restaurant in June 2016.

Joan McMahan, then 65, claimed she stepped onto a grassy median in the parking lot and fell into a grass-covered hole while leaving a Pollo Tropical restaurant. She was diagnosed with a fracture of her right patella. Her attorney presented records showing a tree was in the same spot before but it was removed or damaged and left behind a hole that was never filled.

The jury determined the restaurant was fully liable for the fall and awarded McMahan $55,181.

Case: McMahan v. Pollo Operations

Case No.: 50-2017-CA-008489-XXXX-MB

Plaintiffs attorneys: Scott M. Fischer and Joshua Heller, Gordon & Partners, Palm Beach Gardens

Defense attorney: Pete L. DeMahy, DLD Lawyers, Coral Gables