Woman Who Fell in Shopping Center Garage Loses Negligence Case
The woman fractured an ankle and heel when she tripped over a parking bumper.
October 28, 2019 at 03:38 PM
1 minute read
PREMISES LIABILITY
MIAMI-DADE CIRCUIT COURT
A jury sided with a shopping center after a woman fractured her heel and ankle when she tripped and fell over a parking space bumper in the garage.
Maria Fletcher, 57, had surgery to repair the fractures and claimed she suffers a permanent disability. She sued, claiming the Miracle Marketplace LLC center in Miami was liable for a dangerous condition. Her expert testified the bumper violated industry standards and building codes.
The defense maintained the bumper was an open and obvious condition, complied with building codes and Fletcher must not have been paying attention when she tripped. The jury decided that Miracle Marketplace was not negligent.
Case: Fletcher v. Miracle Marketplace
Case No.: 2017-011654-CA-01
Plaintiffs attorneys: Alaina Fotiu-Wojtowicz, Brodsky Fotiu-Wojtowicz, Miami, and Michael S. Olin, Buckner + Miles, Miami
Defense attorneys: Benjamin Fernandez IV and David A. Herrero, Cole, Scott & Kissane, Miami
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